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TABLE OF

CONTENTS
DOCUMENT DESCRIPTION TAB

eToro Australia – PDS .......................................................................................................................... 2

eToro Scheme – PDS .......................................................................................................................... 29

IMPORTANT NOTICE
This document contains two Product Disclosure Statements (PDSs) which relate to the relevant
financial products and services offered on the eToro Trading Platform by either eToro Aus
Capital Limited ABN 66 612 791 803, AFSL 491139 or eToro Asset Management Limited, ABN 51
122 005 396, AFSL 319738.

You should read the information in both PDSs before deciding to invest on the eToro
Trading Platform.
ETORO AUS CAPITAL LIMITED
PRODUCT DISCLOSURE STATEMENT

Issue Date: 10 May 2023

eToro Aus Capital Limited

ABN 66 612 791 803

AFSL 491139

eToro Aus Capital Limited PDS 10 May 2023 2


Risks”).

Table of Contents Your potential total liability for all of your CFDs is limited to
the balance in your Account.
Section 1 – Important Information ...................... 3
You should carefully consider the risks of our CFDs and your
Section 2 – Key Information ................................. 4
capacity to meet your obligations before investing.
Section 3 – How to Trade ...................................... 9
This initial warning cannot set out and duplicate all of the
Section 4 – Significant Risks................................ 17 important information in this PDS. You should read all of this
PDS and the Financial Product Terms before making a decision to
Section 5 – Fees, charges and costs .................. 23
invest in the financial products covered by this PDS. We
Section 6 – General Information ........................ 23 recommend that you contact us if you have any questions arising
from this PDS or the Financial Product Terms prior to entering
Section 7 – Glossary............................................. 27
into any transactions with us. eToro Australia recommends that
you consult your adviser or obtain independent advice before

Section 1 – Important
trading.

1.4 eToro Australia does not give Personal Advice


Information eToro Australia will not give you personal financial advice about
the CFDs.
1.1 This PDS This PDS does not constitute a recommendation or opinion that
This Product Disclosure Statement (PDS) is dated 10 May the CFDs are appropriate for you.
2023 and was prepared on that date by eToro Aus Capital Potential investors should be experienced in derivatives and
Limited ACN 612 791 803; AFSL 491139 (eToro Australia), as understand and accept the risks of investing in CFDs. The
the issuer of over-the-counter contracts for difference information in this PDS is for general information purposes only,
(eToro Australia CFDs) (collectively, where applicable, so it does not take into account your personal objectives,
these will be referred to as “CFDs” in this PDS). financial situation and needs.
This PDS is to make the required disclosures and to help This PDS describes the CFDs that are issued to you in accordance
you decide whether the CFDs described in this PDS are with the Financial Product Terms. You should read all of this PDS
appropriate for you. You may also use this PDS to compare and the Financial Product Terms before making a decision to deal
this financial product with similar financial products offered in financial products covered by this PDS. We recommend that
by other issuers. you contact us if you have any questions arising from this PDS or
This PDS describes the key features of our CFDs, their the Financial Product Terms prior to entering into any
benefits, significant risks, the costs and fees of dealing in transactions with us. eToro Australia recommends that you
them and other related information. The CFDs are leveraged consult your adviser or obtain independent advice before
financial products so you should read this PDS and the trading.
Financial Product Terms in full before making any decision 1.5 Your suitability to deal in the CFDs
to invest in them.
If we ask you for your personal information to assess your
Some expressions used in this PDS have definitions given in suitability to deal in the CFDs and we accept your application to
the Glossary at the end of this PDS (see Section 7). deal in these CFDs, this is not personal advice or any other advice
1.2 eToro Australia CFDs to you. You must not rely on our assessment of your suitability
since it is based on the information you provide and the
This PDS covers eToro Australia CFDs traded on the eToro assessment is only for our purposes of deciding whether to open
Trading Platform. These OTC CFDs are derivative products an Account for you. You may not later claim you are not
issued by eToro Australia (pursuant to the Financial Product responsible for your losses merely because we have opened an
Terms) and are not Exchange traded products. Account for you after assessing your suitability. You remain solely
1.3 Your potential liability responsible for your own assessments of the features and risks, all
losses and for trading with eToro Australia so you should seek
your own advice on whether the CFDs are suitable for you.
Please especially read the “Key Information” in Section 2 and
“Significant Risks” in Section 4 for important information about 1.6 Currency of PDS
your potential liability.
The information in this PDS is up to date at the time it was
Potential investors should carefully consider the significant prepared but is subject to change at any time. Any updates will be
risks involved in trading in over-the-counter leveraged posted on our website (accessible from www.etoro.com for the
derivatives, and understand and accept the risks of pages for eToro Australia). A copy of this PDS can be downloaded
investing in our CFDs. from the website or you can call eToro Australia to request that a
paper copy be provided to you free of charge. If the new
Trading in our CFDs is not suitable for all investors because
information is information which is materially adverse to you, we
of the significant risks involved (see section 4 on “Significant

eToro Aus Capital Limited PDS 10 May 2023 3


will issue either a new PDS or a supplementary PDS the world financial markets without having to buy the
containing the new information. If the new information is Underlying Instrument itself.
not materially adverse to you, you will be able to find
● You can use the CFDs to speculate, with a view to profiting
updated information on our website at www.etoro.com or
from market fluctuations in the Underlying Instrument. You
by calling us using the contact details given below. Upon
may take a view of a particular Underlying Instrument and
request, we will send you a paper copy of the information
so invest in the CFDs intending to make a profit.
free of charge.
● You can use the CFDs to hedge your existing exposure to an
1.7 Contact
Underlying Instrument.
eToro Australia can be contacted at:
● You can deal in our CFDs with a view to profiting in both
Level 3, 60 Castlereagh Street, rising and falling markets.

Sydney NSW 2000 ● The CFDs involve leverage which can be set by you within the
range offered from time to time for each CFD. This could
Telephone: +61 2 8067 6002 range from 1:1 to a high degree of leverage. Our CFDs
potentially let you invest a relatively small amount (in the
Email: info@etoro.com.au
form of the Initial Margin) to have an exposure to the
or through our website at www.etoro.com Underlying Instrument without having to pay the full price of
the Underlying Instrument. This leverage gives you the
potential to take a greater level of risk for a smaller initial
Section 2 – Key Information outlay, so this increases the potential risks and rewards.
Leverage can magnify losses (see Section 4 – Significant
2.1 Key Features of our CFDs Risks and, in particular, the paragraph “Loss from Leverage”
at section 4.1).
● The CFDs are over-the-counter derivatives issued by
eToro Australia. They are not Exchange traded. ● Your moneys paid as Margin are kept in the eToro Australia
client moneys trust account until invested as permitted
● They are for investing indirectly in a range of
under eToro Australia's client money policy, or it is paid back
instruments including for example foreign exchange
currencies, index level, commodities, metals, ETFs, to you or paid to eToro Australia for fees, costs and charges
equities and cryptocurrency price movements around (if applicable) or if your Account Value has suffered a
the world without having to own and pay full value of Realised/Unrealised Loss.
the Underlying Instrument.
● If your Account Value has benefited from a
● Your Account must be funded before CFDs are issued Realised/Unrealised Profit, eToro Australia will pay money (or
to you. You do this by paying at least the Initial Margin credit) equivalent to that amount of the Realised Profit into
(and you should consider funding the Account in the eToro Australia client moneys trust account (or into a
anticipation of any fees and charges described in permitted investment) for your benefit. This means your
Section 5). Account gets paid cash (or is credited) for gains, even before
you Close Out your CFDs.
● You remain liable to pay later Variation Margins and to
maintain the required amount of Margin Cover. If you 2.3 Key Risks of our CFDs
do not maintain the required Margin Cover or you do
The key risks of investing in the CFDs are outlined below.
not pay the required Margin call by the required time,
Please see Section 4 for further information on the
your CFDs can be Closed Out and you remain liable to
pay for any remaining shortfall. description of the significant risks.

● Unlike CFDs traded on an Exchange, the CFDs are not ● Leverage – The CFDs are leveraged when the amount you pay
standardised. The terms of a contract may, in eToro (i.e., the total Margin and fees, charges and costs) to eToro
Australia is less than the full-face value of the Underlying
Australia’s discretion, be individually tailored to the
Instrument.
requirements of the parties to the contract – you and
eToro Australia. ● CFDs are typically low margin, high leveraged investment
● You have no right or obligation to acquire the You should be prepared for greater risks from this kind of
Underlying Instrument itself. leveraged derivative, including being liable to pay eToro
Australia more Margin and your Account’s Margin
2.2 Key Benefits of our CFDs Requirement changing rapidly in response to changes (e.g., in
the market for the Underlying Instrument).
● Our CFDs enable you to take a trading position with an
exposure to a particular Underlying Instrument ● Loss of your moneys – Your potential losses on (long or
without needing to buy or sell the actual full value of the short) CFDs may exceed the amounts you pay (as Margin) for
Underlying Instrument. the contract or amounts we hold on trust for you.
● Relatively low transaction costs mean CFDs are a cost ● Trust moneys are withdrawn to pay for the CFDs for the
effective and convenient way of gaining exposure to Realised Loss – The money that you pay into the eToro

eToro Aus Capital Limited PDS 10 May 2023 4


Australia client moneys trust account will be withdrawn Instrument price moving significantly or liquidity exhausted,
to pay eToro Australia for the CFDs for fees, costs and in which case your Order will be filled at the next available
charges or when there is a Realised Loss. The moneys price.
are withdrawn as payments to eToro Australia, so, once
● Execution Risk (Delays) – Execution delays may occur for a
withdrawn they are not held on trust for you and, you
number of reasons such as technical issues with your
lose the benefits of holding those moneys in the eToro
internet connection to our servers. Connection strength may
Australia client moneys trust account.
vary depending on the kind of device used; interruptions
● Margin Cover requirements – You must have in your may cause a delay in the transmission of data between our
Account sufficient Margin Cover so you will need to pay servers to the eToro Trading Platform.
Margin before CFDs are issued and, after that, you may
● Liquidity Risk – Liquidity risk typically occurs in volatile
be liable to pay more Margin to maintain the position.
markets or in circumstances where there is a major news
The Margin Requirement will usually be at least:
announcement. When there is a lack of liquidity in the
- the Margin required by eToro Australia for the Underlying Instrument, you may not be able to enter or exit a
contract (initially and later); and Transaction at your requested price.

- the Margin required by eToro Australia to cover ● Market Volatility – Financial markets are subject to high
any payments for Realised/Unrealised Loss on volatility causing rapid price fluctuations. This is primarily
other positions in your Account; and due to external influences and unforeseen events. This
affects prices and spreads of CFDs.
- any Margin required by eToro Australia to cover
adjustments for any foreign exchange rate; and ● System Risk – Operational risk is inherent when trading
online. Disruptions in operational processes such as
- any Margin required before the Margin Closeout communications, computer networks or external events
level is triggered (see section 3.14 under “Margin may lead to trade execution problems.
Requirement obligation” for further information).
● Counterparty risk – you have the risk that eToro Australia
If you do not meet the Margin Requirement for your will not meet its obligations to you under the contract. The
Account, including at little or no notice, some or all of CFDs are not Exchange traded and your client money may be
the CFDs may be Closed Out without notice to you. invested in permitted investments so you need to consider
● eToro FX CFDs which are denominated in foreign the credit and performance risk you have on eToro
currency can expose you to fast and large changes to Australia. This is further explained in Sections 3.21 to 3.24.
the value of your position and to your Account, 2.4 Your suitability
potentially triggering the need for more Margin to be
paid by you, including at short or no notice. We may make an initial assessment of your suitability to invest in
the CFDs based on the information you give us. You should
● eToro Cryptocurrency CFDs can expose you to fast always make your own assessment of your suitability to deal in
and large changes to the value of your position and to our CFDs. You should carefully consider the features of CFDs and
your Account, potentially triggering the need for more their significant risks before investing in them.
Margin to be paid by you, including at short or no
notice. These CFDS have other risks, such as possible Some key suitability considerations for you are:
delays in closing out due to underlying illiquidity, or
● whether you have experience in trading in the Underlying
volatility or early close out due to up to the underlying
Instrument;
cryptocurrency.
● whether you understand the terms of our CFDs and how
● Gapping Risk – The term ‘gapping’ refers to a situation they work;
where a CFD opens at a much higher or lower price
than the previous close. In currency trading ‘gapping’ ● whether you accept a high degree of risk in trading in these
typically occurs when the currency re-opens for trading CFDs;
after a weekend. When ‘gapping’ occurs, you may not ● whether you can monitor your investments and manage
be able to exit an existing position at the price you them in a volatile market;
have specified; instead, your Order may be filled at the
● whether you have financial resources to provide more
next best price that may be better or worse.
Margin, especially on little or no notice; and
● Execution Risk (Slippage) – We aim to provide the
● whether you can bear substantial losses that might arise
best possible execution from our systems and fill
from trading in these CFDs, especially the potentially for
Orders at the requested rate; however, there may be
unlimited losses.
times where, due to an increase in volatility or volume
or other market conditions, some price ‘slippage’ may Our assessment of your suitability is based on your information
occur. This generally occurs during significant news and any other information we ask and you give us.
events or ‘gapping’. Execution is also subject to
During the Account establishment process, you will be required to
available liquidity in the Underlying Instrument. Your
complete a questionnaire regarding the CFDs. We can only
Orders may not be filled due to the Underlying
establish your Account after you have successfully passed the

eToro Aus Capital Limited PDS 10 May 2023 5


questionnaire. calculated by the relevant Exchange or eToro Australia valuation
of that Underlying Index.
To the extent permitted by law, we do not accept liability for
your choice to invest in any CFDs so you should read all of eToro Index CFDs can only be traded during the open market
this PDS and the Financial Product Terms carefully, hours of the relevant Exchange on which the Underlying Index is
consider your own needs and objectives for investing in the determined (or within any more limited hours set from time to
CFDs and take independent advice as you see fit. time by eToro Australia ). The available hours may be viewed on
our website.
2.5 Nature of the CFDs
eToro Index CFDs allow you to deal in anticipated market trends
A CFD is a sophisticated over-the-counter financial
rather than individual shares.
product which allows you to make a profit or loss
from changes in the market price (or level) of the eToro Index CFDs are valued based on the number of units per
Underlying Instrument, without actually owning the index point of the Underlying Index. For example, if the
full value of the Underlying Instrument or having any Underlying Index is 4600 then trading 10 eToro Index CFDs for
direct interest in the Underlying Instrument. that Underlying Index would mean the face value of the trade
was $46,000.
In simple terms, the amount of any profit or loss
made on the contract will be equal to the difference 2.6.2 eToro Commodity CFDs
between the price of the contract with reference to
eToro Commodity CFDs’ Underlying Instrument is the value or
the Underlying Instrument when the contract is
price of a Commodity Transaction. eToro Commodity CFDs may be
opened and the price of the contract with reference to
denominated in any of the available currencies.
an Underlying Instrument when the contract is closed,
multiplied by the number of CFDs held. eToro Commodity CFDs are an easy way to gain access indirectly
to commodity markets and underlying commodities such as,
The calculation of profit or loss is also affected by
copper, wheat, sugar and oil.
other payments, including payments relating to
Finance Charges and any other charges (for more eToro Commodity CFDs can only be traded during the open
information, see Section 5). market hours of the relevant Exchange on which the Commodity
Transaction is able to be traded (or within any more limited
The value can also be affected by fluctuations in
hours set from time to time by eToro Australia). The available
foreign exchange if you make a Transaction
hours may be viewed on our website.
denominated in a currency different from the
denomination of your Account currency.
2.6.3 eToro Share CFDs
You can take both “long” and “short” positions. If you
eToro Share CFDs allow you to gain exposure to movements in
take a long position, you profit from a rise in the
the price of the Underlying Instrument that you would obtain
Underlying Instrument, and you lose if the price of the
directly from owning the share/equity itself.
Underlying Instrument falls. Conversely, if you take a
short position, you profit from a fall in the price of the eToro Share CFDs can only be traded during the open market
Underlying Instrument and lose if the underlying price hours of the relevant Exchange on which the Underlying
rises. Instrument is traded (or within any more limited hours set from
time to time by eToro Australia). The available hours may be
Dealing in CFDs does not give you any beneficial
viewed on our website.
interest in the Underlying Instrument nor any right to
acquire the Underlying Instrument itself. This is 2.6.4 eToro ETF CFDs
different from direct trading in the Underlying
eToro ETF CFDs allow you to gain exposure to movements in the
Instrument where you acquire a beneficial interest in
price of the Underlying Instrument, an ETF. An Exchange Traded
the actual financial product.
Fund is a marketable Instrument that tracks as index,
As the holder of a CFD, you do not have a beneficial commodity, bonds or a basket of assets.
interest in the Underlying Instrument and you have
eToro ETF CFDs can only be traded during the open market
none of the rights of an investor who holds the
hours of the relevant Exchange on which the Underlying
financial product itself.
Instrument is traded (or within any more limited hours set from
Unlike direct investments made by trading on an time to time by eToro Australia). The available hours may be
Exchange, the CFDs are not standardised. The terms viewed on our website.
of the CFDs are based on the Financial Product Terms
2.6.5 eToro Cryptocurrency CFDs
with eToro Australia, which apply to your Account and
your Transactions. eToro Cryptocurrency CFDs allow you to gain exposure to price
movements in cryptocurrencies. The prices of the Cryptocurrency
2.6 Types of CFDs
CFDs which we quote are derived from the price feeds from
2.6.1 eToro Index CFDs cryptocurrency exchanges or cryptocurrency Hedge
Counterparties that we deal with.
eToro Index CFDs derive their price or value from the real
time changes in the value of an Underlying Index as

eToro Aus Capital Limited PDS 10 May 2023 6


Cryptocurrency CFDs are opened in the same way as
other CFDs. We will quote a Bid and Ask price for a
cryptocurrency rate.

eToro Cryptocurrency CFDs have the same kind of


inherent risks as other CFDs, especially those which are
over Underlying Instruments which do not have
established markets. These risks maybe amplified by
the volatility of the markets and the technological
features of the cryptocurrency. Please see Section 4.1.

2.6.6 eToro FX CFDs

eToro FX CFDs are leveraged products which derive


their prices from the real time changes in the market
price and exchange rates of foreign currencies.

Prices are only quoted for eToro FX CFDs and can only
be traded during the open market hours during which
the foreign currency is traded.

Open hours of the market are available by viewing our


website. eToro Australia might not quote for a
contract on a particular foreign currency if that foreign
currency is illiquid (for more information on the effect
of potential external disruptions, see Section 4).

eToro FX CFDs allow you to receive many of the


economic benefits of owning the full value of the
foreign exchange contract on which the eToro FX CFD
is based without physically owning it (for more
information on key benefits of trading in eToro FX
CFDs see Section 2.2). This includes CFDs in the spot
price for gold or silver which are the Underlying
Instruments.

eToro FX CFDs are valued based on the price of the


relevant foreign currency pair. For example, in the
case of eToro FX CFDs, if you bought 10,000 of one
currency against another and the price of the foreign
currency pair was quoted as 10.40/10.60 then the
eToro FX CFD would have a value of $106,000 (being
10.60 x 10,000).

For more information on which eToro FX CFDs are


available, please download a demonstration-trading
platform located on the website at www.etoro.com.

eToro Aus Capital Limited PDS 10 May 2023 7


2.7 Benchmark Disclosure

ASIC has adopted benchmarks for over-the-counter derivatives that include eToro Australia CFDs.

The benchmarks are not mandatory and are not law. ASIC has introduced them by way of stating, in Regulatory Guide 227 (RG
227), ASIC’s expectations. Not meeting the benchmarks is not an indication of breaches or failures. Rather, the benchmarks in RG
227 also require prominent disclosure in a PDS as to whether an issuer meets the benchmarks or, if not, the reasons why they are
not met are explained in the PDS.

The following table summarises the benchmarks as eToro Australia applies them to our OTC CFDs, and whether eToro Australia
meets them and, if not, why not.
The table also refers you to other Sections of this PDS for more information on relevant topics (to avoid duplicating the information
in this PDS).

ASIC RG 227 Benchmark eToro


eToro Australia believes that it meets this benchmark. An explanation
1. Client qualification
of eToro Australia client qualification policy is described in Section 2.4 –
If an issuer meets this benchmark, the PDS should “Your Suitability”.
clearly explain:

● that trading in CFDs [or other applicable


products] is not suitable for all investors
because of the significant risks involved; and

● how the issuer’s client qualification policy


operates in practice.
eToro Australia does not meet this benchmark because it accepts as
2. Opening collateral
collateral for opening an Account, payments by credit card of more
If an issuer meets this benchmark, the PDS should than $1,000 as well as payments via BPay® and bank transfer and
explain the types of assets the issuer will accept as does not place limits on credit card payments.
opening collateral.
The additional risks and costs of paying by credit card are described in
If an issuer accepts non-cash assets as opening Section 6.6 “Applications”.
collateral (other than credit cards to a limit of
eToro Australia otherwise meets this benchmark.
$1000), the PDS should explain why the issuer does
so and the additional risks that using other types of
assets (e.g. securities and real property) as opening
collateral may pose for the investor. This includes,
for example, the risks of ‘double leverage’ if
leveraged assets are accepted as opening collateral.

3. Counterparty risk – Hedging eToro Australia meets this benchmark:

If an issuer meets this benchmark, the PDS should ● eToro Australia discloses in its PDS its hedging activity and risk
provide the following explanations: mitigation (see Section 3.22).

● a broad overview of the nature of hedging ● This PDS complies with the requirements to include information
activity the issuer undertakes to mitigate its about the significant risks associated with the CFDs (see Section 4)
market risk, and the factors the issuer takes and provides an explanation of the counterparty risk associated
into account when selecting hedging with CFDs (see Sections 3.21 to 3.24).
counterparties; and
● This PDS explains that, if eToro Australia defaults on its
● details about where investors can find the obligations, investors may become unsecured creditors in an
issuer’s more detailed policy on the activities it administration or liquidation.
undertakes to mitigate its counterparty and
market risk, and the names of any hedging
counterparties.

eToro Aus Capital Limited PDS 10 May 2023 8


eToro Australia has in place a written policy outlining how we comply
4. Counterparty risk— Financial resources
with our financial obligations, and we ensure that we have sufficient
If an issuer meets this benchmark, the PDS should financial resources to meet our liabilities. - see Sections 3.21 and 3.23.
explain how the issuer’s policy operates in practice.
eToro Australia would meet this benchmark except that eToro
An issuer should also make available to prospective Australia makes available copies of its latest audited annual financial
investors a copy of its latest audited annual statement only by inspection at the office of eToro Australia.
financial statement, either online or as an
attachment to the PDS.

eToro Australia meets this benchmark.


5. Client money
See sections 3.11, 3.12, and the risks described in section 4.
If an issuer meets this benchmark, the PDS should
eToro Australia does not use client moneys paid into the eToro
clearly:
Australia client moneys trust account for margining, guaranteeing,
● describe the issuer’s client money policy, securing, transferring or for its hedging purposes. Rather, eToro
including how the issuer deals with client Australia uses funds from its own operating account for these
money and when, and on what basis, it makes purposes.
withdrawals from client money; and

explain the counterparty risk associated with the use


of client money for derivatives.
eToro Australia meets this benchmark.
6. Suspended or halted underlying assets
eToro Australia’s approach to trading when underlying assets are
● If an issuer meets the benchmark, the
suspended or halted is described in Section 3.3 “Dealing”.
PDS should explain the issuer’s
approach to trading when underlying eToro Australia’s discretions and how it manages its positions are
assets are suspended or halted. described in Section 6.2 under “Discretions”.

eToro Australia has a clear policy in relation to Margin and our rights
7. Margin calls
to Close Out positions.
If an issuer meets this benchmark, the PDS
eToro Australia’s margin practice is an automated process via the
should explain the issuer’s policy and margin call
eToro Trading Platform by which the platform automatically posts
practices.
warnings to the Account if you do not maintain the Margin Cover
levels.

Nevertheless, the Financial Product Terms clearly require the Client to


maintain the minimum Margin Cover at all times. A Client must meet
the Margin Cover whether or not the Client has received the warnings
on the eToro Trading Platform (or notices from us).
eToro Australia describes its margin policy in Section 3.15 but see also
Sections 3.13 and 3.14 and the risks associated at Section 4.

eToro Aus Capital Limited PDS 10 May 2023 9


corresponding with selling the Underlying Security in the
Section 3 – How to Trade expectation that the price of the Underlying Instrument to
which the CFD relates will decrease.
3.1 Your Account
3.3 Dealing
Before you open an account with eToro, you should read
the contents of this PDS, the Financial Product Terms and Quotes for prices for dealing in our products are indicative
the FSG and decide whether CFD trading is suitable for only and so are subject to the actual available price at the time
you. of execution of your Order. While eToro Australia endeavours
to execute your Order to the best of its ability, there is no
You need to establish your Account by completing eToro assurance that the Order will be able to be executed at the
Australia’s Account application form, which will be made price of your Order.
available for you online. By opening an Account, you agree
to the Financial Product Terms and you will become a Quotes will be given and Transactions made during the open
Client of eToro Australia. After eToro Australia accepts market hours of the relevant market on which the Underlying
your application, your Account will be established. We Instruments are traded. The open hours of the relevant
may reject your Account application in our discretion. Exchanges are available by viewing our website. Such hours
may change according to the relevant Exchange’s changes or in
Your Account covers all of the services and products our discretion.
which you apply for in your application form and which are
accepted by eToro Australia. We will also ask you eToro Australia may at any time in its discretion, without prior
questions that will help us assess your suitability to trade notice, impose limits on our CFDs in respect of particular
CFDs (as outlined in section 2.4 of this PDS). If we decide Underlying Instruments. eToro Australia might do this if for
that you do not have the relevant experience, we may example (but not only) the market for the particular Underlying
recommend that you open a demo account prior to Instrument has become illiquid or its trading status has been
opening a live Account. suspended or there is or will be, some significant disruption to
the markets, including trading facilities.
The legal terms governing your Account and your dealing
in the CFDs are set out in the Financial Product Terms. You should be aware that the market prices and other market
The Financial Product Terms also have the legal terms for data that you view through eToro Trading Platform or other
your dealings with us for other financial products that are facilities that you arrange yourself may not be current or may
not covered by this PDS. not exactly correspond with the prices for the products offered
by eToro Australia.
3.2 Opening a CFD
If you access your Account and the eToro Trading Platform
The particular terms of each CFD are agreed between you outside of the hours when Orders may be accepted, you
and eToro Australia before entering into a Transaction. should be aware that the Orders might be processed later
when the Underlying Instrument is open for trading. The
Before you enter into a CFD, eToro Australia will require
market prices (and currency exchange values) might have
you to have sufficient Account Value (see the Glossary in
changed significantly by the time the Order is executed.
Section 7) to satisfy the Initial Margin requirements for
the relevant number of CFDs. The payments you make to 3.4 Pricing - Bid/Ask spread
eToro Australia are either held as Margin (as defined in
the Financial Product Terms) or are later withdrawn to eToro Australia quotes a lower price and a higher price at
pay the amounts for Realised/Unrealised Losses or any which you can place your Order. This is referred to as the
fees and charges that you may owe. Bid/Ask spread. The higher quoted price is the indication of
the price you can buy the CFD. The lower quoted price is the
When you Close Out an Open Position, you are entering indication of the price at which you can “sell” the CFD (that is,
into a new contract for a position of the same type and Close Out an Open Position for the CFD).
number of contracts opposite to your Open Position. You
are liable for the costs, fees and charges as described in A simplified example of our normal spread is calculated as
this PDS (see Section 5). You should be aware that your follows:
investment might suffer a loss, depending on the value of AUD/USD: 0.7379/0.7383
your contract at termination compared with the total cost
of your investment up to the time of termination. Spread = (Bid price – Ask price): (0.7379-0.7383) = 4 pips

A CFD is opened by buying a contract, corresponding with Cost = (quantity x Spread): (1,000 x 0.0004) = USD 40 cents
either buying (going long) or selling (going short) the eToro Australia’s Bid/Ask prices are set by eToro Australia and
Underlying Instrument. You go “long” when you buy a CFD so these prices may not be the same as those quoted in the
corresponding with buying the Underlying Instrument in relevant underlying market. Please be aware that eToro
the expectation that the price of the Underlying Australia does not act as your agent to find you the best
Instrument to which the CFD relates will increase. prices.
You go “short” when you transact in CFD contract

eToro Aus Capital Limited PDS 10 May 2023 10


When your Order is executed, for you to break even or ● how Orders are managed.
before you can realise a profit, putting aside for the sake of
We strongly recommend that prior to engaging in live trading,
simple illustration any fees or charges, the price at which
you open a “demo” account and conduct simulated trading.
you exit your position needs to have moved in your favour
This enables you to become familiar with the Trading Platform.
to at least equal to the original Bid or Ask price that you
started the position (depending on whether you went long There is also online help available on the Trading Platform,
or short). which has information relating to the operation of the Trading
Platform.
In addition, the available pricing may be limited by tick
sizes, minimum steps, depending on the general market 3.7 Confirmations of Transactions
rules for trading the Underlying Instrument or eToro
If you transact in our CFDs, the confirmation of the
Australia’s hedging, so, depending on the product you
Transaction, as required by the Corporations Act, may be
choose, your Order to exit your position might have to be
obtained only by accessing the daily statement online, which
in minimum increments of pricing before it can be accepted
you can print for your records. It is your obligation to review
and executed. That could affect your net profit or loss.
the confirmation of Transactions immediately to ensure its
3.5 Pricing model accuracy and to report any discrepancies within 24 hours.

eToro Australia offers prices based on its market 3.8 Distributions and Corporate Actions
making pricing model.
eToro Australia has a discretion to adjust your Account in
eToro Australia does not draw on and use client moneys respect of a dividend, takeovers and Transformations
paid into the eToro Australia client moneys trust account (including events such as share consolidations/splits,
for hedging with its Hedge Counterparty. eToro Australia acquisitions, mergers, takeovers, spinoffs, MBOs, de-listings,
uses funds from its operating account for this purpose. etc.) attributable to any Underlying Instrument, or a security
Generally, although the prices of CFDs on the eToro which is in an index used as the Underlying Instrument. We
Trading Platform are competitive, you should be aware are not obliged to make any adjustment at all or, if we do, any
that eToro Australia is acting as principal to you and so is kind or degree of adjustment.
responsible for setting the prices of opening and closing
We will decide and calculate any adjustment (net of any taxes
CFDs and eToro Australia does not act as your agent to
and the timing of the adjustment to your CFDs). If we make
find you the best prices.
an adjustment, we will while we always retain an absolute
3.6 Electronic Trading Platform discretion, we may have regard as we think appropriate to
have regard to market practice and take into account the
Your Account gives you access to the eToro Trading treatment we receive from our Hedge Counterparties or any
Platform. This arranged by eToro Australia from its relevant third party.
affiliate. Please note that all of your dealings with eToro
CFDs are only with eToro Australia as principal in the eToro Australia may elect to close a position (without prior
transaction with you. notice to you) if an adjustment event occurs and it determines
that it is not reasonably practicable to make an adjustment.
We do not accept telephone or other voice Orders.
eToro Australia may also elect to close an eToro Australia CFD
All of the CFDs issued pursuant to this PDS will use the if the eToro Australia CFD’s Underlying Instruments are the
eToro Trading Platform. subject of a take-over offer, scheme of arrangement or other
mechanism for change in control, prior to the closing date of
We will try to use our best efforts to make the Trading
the offer.
Platform available when you access them; however, we
cannot give an absolute assurance or guarantee that the If the CFDs relate to an index, and a share (which is a
Trading Platform will be available on a continuous basis constituent of the index) goes ex-dividend, then typically an
due to systems maintenance, system failures and other adjustment will be made automatically to the index level (by
related technological or external factors. the index provider) to reflect this dividend.
You must carefully read and follow the operational rules eToro Australia has discretion whether to make an adjustment
for the Trading Platform. The Trading Platform from time at all and, if it does, for an amount for the divided (whether for
to time may impose special operating rules including but a weighted proportion of the dividend or otherwise), being an
not limited to: amount to be credited to your Account in respect of your long
positions and debited from short positions. Whether the
● posting Margin (such as when payment is required
adjustment is at all or its amount and timing remains in the
and when the payment is effective);
discretion of eToro Australia.
● how Margins are calculated (such as automatic
adjustments outside of trading hours, including at Any adjustment will be uniformly applied across all relevant
the weekend); and positions at the time. Please contact eToro Australia if you
have any queries on whether the adjustment will be made to a

eToro Aus Capital Limited PDS 10 May 2023 11


particular CFD. Please see the entire description that follows.

You may not direct eToro Australia how to act on a Steps:


corporate action (including a dividend) or other
Step 1
shareholder benefit.
You (as our Client) pay money into the eToro Australia client
eToro Australia may elect to close a position (without
moneys trust account for Margin. You would need to do this to
prior notice to you) if an adjustment event occurs and
fund your Account before trading if there is not enough Margin
it determines that it is not reasonably practicable to
Cover.
make an adjustment. eToro Australia may also elect
to close an eToro Australia CFD if the eToro Australia Step 2
CFD’s Underlying Instruments are the subject of a
take-over offer, scheme of arrangement or other CFDs are issued to you when your Orders are accepted and
mechanism for change in control, prior to the closing executed.
date of the offer. No money is withdrawn from the eToro Australia client
eToro Australia CFDs do not entitle you to direct moneys trust account just for you to open your contract.
eToro Australia on how to exercise any voting rights Step 3
in connection with the eToro Australia CFD’s
Underlying Instrument. After you have paid money as Margin and established your
position, eToro Australia will keep the moneys which you have
Clients should be aware that some Exchanges purge paid into the eToro Australia client moneys trust account in
orders in securities that undergo corporate actions. there (or in another permitted investment type) until it needs
You should seek confirmation from eToro Australia to be paid for fees, charges and costs or if there has been a
of any action for specific corporate actions that might Realised Loss on your Account at which point eToro Australia
affect your eToro Australia CFDs. withdraws funds to pay itself since these are moneys to which
3.9 Suspensions and de-listings eToro Australia is entitled (by reason of the terms of your
Account). Whether or not there is a Realised/Unrealised Loss on
If an Underlying Instrument to which a CFD your Account is determined when eToro Australia revalues your
Transaction relates is suspended or has halted Account.
trading for whatever reason, we may suspend
trading in the CFD and we may increase the amount Step 4
of Margin required to support that Open Position in Money will be paid by eToro Australia to the eToro Australia
our reasonable discretion. If the Open Position client moneys trust account (or another permitted investment
remains suspended for a time that we think is type) for your benefit. This occurs when the revaluation of your
unacceptable to us in our sole discretion, we may Account by eToro Australia shows a Realised Profit.
Close Out the Open Position at the Closing Price.
Further explanation of Client moneys when establishing a
If an Underlying Instrument to which a CFD position
Transaction has been de-listed, we may Close Out all
affected Open Positions at the Closing Price in our The above steps give a very brief outline. The following gives
discretion. further explanation.

3.10 No Shareholder Benefits eToro Australia client moneys trust account

As a holder of a CFD, if the CFD’s Underlying Moneys paid by you to eToro Australia for the CFDs are initially
Instrument is a share or other voting security, you do deposited into a trust account maintained by eToro, which is
not have rights to vote, attend meetings or receive referred to in this PDS as the “eToro Australia client moneys
the issuer’s reports, nor can you direct eToro trust account”. You make your deposit by using BPay®,
Australia to act on those rights. Other benefits such electronic or telegraphic transfer, by cheque, credit card or
as participation in shareholder purchase plans or other means approved by us.
discounts are also unavailable. eToro Australia only permits clients to trade on cleared funds.
3.11 Payments and Client Moneys eToro Australia recommends that when credit cards are used
as an account funding method that no more than $1,000 is
Here is an explanation of payments you make for our used as an initial payment; however, we do not enforce this
CFDs. policy since we believe that the capping of a one-off payment is
A. Establishing a Position not likely to act as a protective measure. We do however
reiterate that when dealing in CFDs you may incur a loss which
Before you transfer any money to eToro, you should is far greater than the amount that you have paid and advise
carefully consider how your money will be held and that you not only take this into account when you are using a
used and the risks to you of paying money to eToro credit card to make the first ever deposit into your Account,
Australia. but also for all subsequent deposits.

eToro Aus Capital Limited PDS 10 May 2023 12


The moneys paid by you into the eToro Australia from its own operating account for this purpose.
client moneys trust account is held for you (until they
are withdrawn, at which point they become moneys eToro Australia is entitled to place money paid by you into
belonging to eToro) and are segregated from eToro the eToro Australia client money trust account into
Australia’s own funds. This means those funds are certain permitted investment types, including:
not available to pay general creditors in the event of (a) a trust fund;
receivership or liquidation of eToro (unless a court
orders differently). (b) a money market deposit;

You should be aware that, generally, for trust (c) a deposit at interest with an Australian ADI;
accounts such as the eToro Australia client moneys (d) for the acquisition of cash management trust interests;
trust account:
(e) securities issued or guaranteed by the Commonwealth or
● Individual Clients do not have separate or a State or Territory;
segregated accounts.
(f) as deposit with a licensed clearing and settlement facility.
● All Clients’ moneys are combined into one account.
In this case, all earnings relating to such investments will be
● Moneys and other assets in the trust account retained by eToro Australia. The realization of any investment
that belong to non-defaulting Clients are may result in the automatic roll-over of the relevant capital into
potentially at risk of being withdrawn and not an equivalent product, or into another investment type listed
being re-paid to the Client even though they did above, or to the money being returned to the client money
not cause the default. trust account. Where any losses occur in relation to one of the
eToro Australia is entitled to retain all interest investment types listed occurs, eToro Australia shall refund
into the Trust Account any shortfall amount. No fee will be
earned on the money held in the eToro Australia
charged by eToro Australia in relation to such investment.
client moneys trust account.
In practical terms, when you make a payment which is
3.12 Client Money Rules deposited into the eToro Australia client moneys trust account,
you are making payments held as Margin for your CFDs which
eToro Australia will deal with client moneys in may be withdrawn to be paid entirely to eToro Australia for any
accordance with the Client Money Rules. In short, in Realised Loss or for fees, charges and costs which you owe to
relation to withdrawals from the eToro Australia us.
client money trust account, the Client Money Rules:
3.13 Margin payments
1. limit (or in many cases, prohibit) a financial
You must pay the Initial Margin before the CFD is issued to
services licensees’ (including eToro
you. You must then maintain the minimum amount of Margin
Australia’s) entitlement to withdraw client
Cover required by us. Separately, you must pay any Variation
moneys from its client money trust
Margin when we require.
account:
To pay Margin you must first deposit the funds into the eToro
● for the licensee’s use for working capital;
Australia client money trust account. Your payment is only
● for the licensee meeting obligations effective when we receive your cleared funds and we credit
incurred by it other than on behalf of your Account to reflect the Margin payment.
the client; and
Here are the key features of Margining that are explained
● for the purpose of the licensee entering further in this section:
into, or meeting obligations under,
transactions that the licensee enters ● You are liable to meet all calls for Margin for your
into to hedge, counteract or offset the Account.
risk to the licensee associated with a ● When you have CFDs, you are also liable to meet all
transaction between the licensee and Margin calls for additional payments to eToro Australia.
the client; and
● This Margin call obligation is in addition to your
2. impose record-keeping, reconciliation and obligation to maintain the minimum required Margin
reporting obligations on licensees that Cover for your Account.
hold “derivative retail client money”.
● There is no limit as to when you need to meet your
eToro Australia does not use client moneys paid into Margin calls, how often or the amount of the Margin calls.
the eToro Australia client moneys trust account for
margining, guaranteeing, securing, transferring, ● The timing and amount of each Margin call will depend on
adjusting or settling dealings in derivatives. Instead, movements in the market price of the open positions, the
eToro Australia uses funds movements in the market price of the Non-margin

eToro Aus Capital Limited PDS 10 May 2023 13


product, if used as Margin and the changes to your ● You have a risk of your CFDs (and all other products held
account value. in your Account) being Closed Out if you do not have in
your Account sufficient Margin Cover credited to it,
● You have an obligation to meet the Margin call even
regardless of whether you have checked your Account’s
if eToro Australia cannot successfully contact you.
Margin Requirement or whether you have tried to make
● You have a risk of your CFDs being immediately a payment but it has not been credited to your Account.
Closed Out if you do not meet the requirement to
3.15 Margin policy
meet a Margin call.
eToro Australia applies the following main Margin principles:
● When you have CFDs, you are obliged to maintain
always the minimum Margin Cover for all of your ● Each Client is required to have Margin Cover for the
CFDs. amount known as “Initial Margin” before issuance of a
CFD.
● It is your obligation to monitor the minimum
amount of Margin Cover required for your Account. ● The Initial Margin is determined by eToro Australia
● It is your obligation to maintain the minimum Margin based on a number of factors, including the Leverage
Cover always for so long as you have Open Positions. Ratio applied to an eToro Australia CFD, Margin required
We are not obliged to notify you about your to hedge the underlying market, any margin which eToro
obligation, though we may do so by email, telephone Australia is required to pay its Hedge Counterparty (if
call or otherwise, as a courtesy. applicable), eToro Australia’s risk assessment of the
Client, and any Realised/Unrealised Loss.
● You have a risk of all your CFDs being Closed Out if you
do not have sufficient Account Value, regardless of ● The Initial Margin could be available either by the Client
whether you have checked your Account’s paying funds (as Margin) into the eToro Australia client
requirement for minimum Margin Cover or whether moneys trust account or because there is already
you have tried to make a payment but it has not been sufficient Margin held in that account. If there is not
credited to your Account. sufficient Margin Cover (including all available Margin)
for the CFD to be opened (due to its Initial Margin
3.14 Margin Requirement obligation requirement) then the position will not be executed.
● You must maintain Margin Cover that meets the ● If the CFD is opened, the Client’s Account is adjusted at
Margin Requirement for your Account. any time, often continuously and quickly, for its Margin
● There is no grace period as to when you need to meet Requirement according to market movement so that no
Margin Requirement obligations. There is no limit on Client is intentionally materially benefited from other
how often the Margin Requirement may change. Clients’ trading. This unintended benefit could occur if,
eToro Australia’s Margin practice is an automated for example, the Client’s Margin requirements are not
process by which the eToro Trading Platform sends adjusted in line with market changes or the credit risk on
warnings to your Account online at different Margin the Client.
Requirement levels. The Margin Closeout levels are How is Margin Cover calculated?
stated on our website.
eToro Australia sets the amount of the Initial Margin,
● The timing and amount of your Margin Requirement calculates the Margin Cover and sets the Margin
obligations for your Account will depend on Requirement.
movements in the market price of the Underlying
Instrument and the changes to the Account Value. The Initial Margin set by eToro Australia can be dependent on
the Leverage Ratio, the type of contract selected by the Client
● You have an obligation to meet the Margin and calculated as a percentage of the full-face value of the
Requirement even if eToro Australia (by the eToro
CFDs.
Trading Platform or otherwise) cannot successfully or
does not contact you. You must not rely on receiving Ordinarily the Initial Margin requirements are calculated to
any warning from us or you not accessing your cover the maximum expected movement in the market in the
Account. near future but the ongoing Margin Requirement will change
when the market changes and so might not be sufficient in all
● You have a risk of some or all your CFDs being Closed
circumstances.
Out if you do not meet the obligation to meet the
Margin Requirement. Owing to the volatility of the market, the amount of Margin
Requirement to maintain your Open Positions may change at
● It is your obligation to monitor the Margin
any time after a position has been opened due to market
Requirement and the Margin Cover for your Account.
changes, changes made to your Account by eToro Australia
● It is your obligation to maintain the minimum (as permitted by the Financial Product Terms) or due to eToro
Margin Cover always for so long as you have an Australia performing a revaluation for any
Open Position in a CFD. Realised/Unrealised Loss or Realised/Unrealised Profit on

eToro Aus Capital Limited PDS 10 May 2023 14


your Account. If you have CFDs denominated in a If you do not ensure that you maintain the level of Margin
currency other than the base currency of your Account, Cover to meet the Margin Requirement, some or all of your
any fluctuations in the exchange rate adverse to your Open Positions may be Closed Out and the resulting Realised
CFD position can lead to automatic adjustments to your Loss deducted from any proceeds. Any losses resulting from
required Margin Cover, so you need to monitor these Closing Out your Open Positions will be debited to your
CFD positions very carefully. Account and you may be required to provide additional funds
to eToro Australia to cover any shortfall. If you do not comply
You should be aware that you can reach the stage of not
with your obligations, all of your Open Positions can be Closed
having enough Margin Cover to meet the Margin
Out automatically.
Requirement because changes in valuation of your CFDs
are automatic, reflecting the rapid changes in the market It is your responsibility to pay your Margin on time and in
values. cleared funds, so please keep in mind the possibility of delays in
the banking and payments systems. If your payment is not
The Margin Requirement is linked to the Margin Closeout
credited by eToro Australia by the time you are required to
level as the example below explains.
have the necessary Margin Cover, you could automatically,
To satisfy the Margin Requirements, you may: and quickly, lose some or all your positions (and suffer further
losses because of having to meet a shortfall). You should
● Close Out existing positions to reduce your Margin maintain a prudent level of Margin Cover and make payments
Requirements; or in sufficient time to be credited to your Account. Please see
● pay additional funds as Margin for your Account; or “Margin risks” in Section 4.

● a combination of the above. As at the date of this PDS, Accounts can be funded by credit
card, electronic funds transfer and other methods permitted
If the actions taken are not sufficient to maintain the from time to time. Our available payment methods can be
Margin Cover to meet the Margin Requirement then you found on our website.
risk some or all your positions being automatically Closed
Out. 3.16 Valuation

Under the Financial Product Terms, your obligations arise During the term of our CFDs, eToro Australia will determine
from the time you have an Open Position. If the market the value of your entire Account, based on the value of the
moves so as to increase the Margin Requirements, or CFDs and all other Open Positions in your Account. The values
eToro Australia increases the Margin Requirement, you of your CFD positions may be adjusted to reflect the positions
immediately owe the increased amount of the Margin being marked to market when the market or Exchange for the
Cover, regardless of if or when we contact you to pay relevant Underlying Instrument is open.
more Margin. Your obligation to maintain the Margin 3.17 Order Types
Cover to meet the Margin Requirement remains at all
times, whether or not we contact you and whether or not Different types of Orders are available on the eToro Trading
you log into your Account. Platform when you log in. The following are examples of Order
types that may be available to you.
You will be required to provide the required Margin Cover
whether or not you receive a Margin call. In other words, Important notice about this section
you are responsible for monitoring your positions and When you request one of the types of Orders described in this
providing the required level of Margin Cover. You might
section, we have discretion whether or not to accept and
receive notice about Margin Cover requirements by email,
execute any such request. We will, at our discretion, accept or
SMS messages or, when you access your Account via the
reject any Orders.
eToro Trading Platform, by messages on your screen, but
you need to provide the Margin Cover whether or not you The price at which we accept an Order to trade will generally
get that notice from us (including through the eToro be based on filling the full volume of the Order in one
Trading Platform). Transaction if possible.

The values of your CFD positions are ordinarily marked to The type of Orders and how they may be filled, if at all, might
market on a continuous basis, which automatically leads depend on the rules of the Exchange where the Underlying
to corresponding changes in Margin Cover requirements Instruments are being traded or our compliance and
for your Account. At weekends or at other times when operational filters and configurations. For some CFDs which
trading on the Exchange relevant to the Underlying you choose to deal in, there may be a minimum trade value or
Instrument is closed, some Margin Cover requirements other restrictions (e.g., pricing) that relate to a particular
automatically increase. You should note that if the market.
underlying market is not trading then the value might not References to Orders being filled immediately or positions
change until the market re-opens and there might be a being Closed Out immediately or automatically refer to
gap in prices/values at the time of re-opening. processing of Transactions as soon as practical in the ordinary
Your Margin defaults course of electronic processing, and subject to compliance and

eToro Aus Capital Limited PDS 10 May 2023 15


operational filters. The speed of electronic processing can eToro Australia may, in its discretion, accept an Order
depend on a number of technical factors, including any from you to close a position if the price moves to or
transaction filters required for our compliance. beyond a level specified by you. This is known as a “stop-
loss order”.
Limit Order
You would generally choose to place a stop-loss order to
Limit orders are commonly used to enter a market and to provide some risk protection. Stop-loss orders are
take profit at predefined levels. commonly used to exit positions and to protect
investments if the market moves against an Open
● Limit orders to buy are placed below the current
Position.
market price and are executed when the Ask price
hits or breaches the price level specified. If placed For example, if your Open Position moves towards
above the current market price, the order is filled making a loss based on a level chosen by you, the stop-
immediately at the best available price below or at loss order would be triggered to try to close your Open
the limit price. Position.
● Limit orders to sell are placed above the current Stop-loss orders to sell are placed below the current
market price and are executed when the Bid price market level and your stop-loss order would be executed,
hits or breaches the price level specified. If placed i.e., triggered if our Bid price (for a stop-loss order that
below the current market price, the order is filled requires an Order to sell a contract) moves against you to
instantly at the best available price above or at the a point that is at or lower than the level specified by you
limit price. (and accepted by us).
When a limit order is triggered, it is filled as soon as Conversely, stop-loss orders to buy are placed above the
possible at the price obtainable on the market. Note that current market level and your stop-loss order would be
the price at which your Order is filled may differ from the executed, i.e., triggered if our offer price (for a stop-loss
price you set for the order if the opening price of the order that requires an Order to buy a contract) moves
market is better than your limit price. against you to a point that is at or above the level
Market Order specified by you (and accepted by us).

A Market Order is executed immediately when placed All stop-loss orders are subject to agreement by us, so
(subject to the usual filters and discretions held by eToro you cannot be assured that you will always be able to have
Australia). It is priced using the current spot, or market a stop- loss order. While eToro Australia has absolute
price, of the Underlying Instrument. discretion whether to accept a stop-loss order, it will
generally try to do so, subject to market conditions,
A Market Order, once executed, immediately becomes an compliance and operational configuration and the
Open Position, so is subject to fluctuations in the market. reasonableness of your stop-loss order.
This means that should the market move against you, the
value of your Open Position deteriorates – this is an Your Order may be unreasonable if, for example, the level
Unrealised Loss. If you were to close the position at this you have specified is too far away from the market price,
time, you would realise the loss and after that, your the Underlying Instrument or trading in the Underlying
Account Balance would be updated to include the revised Instrument has been halted or suspended on the market.
values. Even if we accept your stop-loss order, market conditions
Take Profit Order may move against you rapidly. It is possible that you may
receive the best available price on the market, which is
A Take Profit Order automatically closes an Open Position worse than the one you have requested from eToro
when the price reaches your specified Take Profit Order Australia. A gap in market prices reflects the market for
price. Take Profit Orders are used to lock-in profits when the CFDs, so can occur for any reason, without any
you are unavailable to monitor your Open Positions. apparent reason or at any time.
For example, if you are long USD/JPY at 109.62 and you
Order duration
want to take your profit when the rate reaches 110.00,
you can set this rate as your Take Profit Order. If the Ask Orders will remain in effect until either it has been
price reaches 110.00, the Open Position is closed by the cancelled by you or us; executed by us; or we no longer
eToro Trading Platform and your (gross trading) profit on quote the CFD which your Order was placed over.
that closed position is established. Your Transaction is
Typically, eToro Australia offers one main Order duration,
closed at the current market rate. In a fast-moving
“Good until cancelled”. This is an Order that you have
market, there may be a gap between the current market
placed that will remain in effect until it is cancelled by you
rate and the rate you set as your Take Profit Order.
(or us).

Stop Loss Orders General

eToro Aus Capital Limited PDS 10 May 2023 16


We may cancel, modify, suspend or discontinue, any foreign currency exchange rates which are relevant due
temporarily or permanently, at any time in our sole to the denomination of the position or Accounts and any
discretion any existing type of Order or the ability to place suspension or halt in trading of the Underlying Instrument.
any Orders (or both) including without limitation limit
eToro Australia also has the right to decide to make an
orders such as stop loss, take profit, buy limit and sell
adjustment in any circumstance if eToro Australia
limit orders, either generally or with respect to a specific
considers an adjustment is appropriate. eToro Australia has
Underlying Instruments or with respect to a specific
a discretion to determine the extent of the adjustment to
direction of a specific instrument.
place the parties substantially in the same economic
3.18 Short eToro Australia CFDs position they would have been in had the adjustment
event not occurred.
When dealing in short eToro Australia CFD positions, you
are highly likely to be affected by the laws and Exchange eToro Australia may elect to close a position (without prior
rules in the country as they apply to short selling of the notice to you) if an adjustment event occurs and it
Underlying Instrument. determines that it is not reasonably practicable to make an
3.19 Market Conduct adjustment.

Clients should be aware that some practices in placing Although there are no specific limits on eToro Australia’s
Orders can constitute, or be involved in, market discretions, eToro Australia must comply with its
manipulation or creating a false market which is conduct obligations as a financial services licensee to act efficiently,
prohibited under the Corporations Act or under other honestly and fairly.
countries’ laws. eToro Australia has policies and The amount of any gross profit or loss you make on a
procedures to manage attempts to use Orders and the position will be based on the difference between the
eToro Trading Platform to engage in or be involved in, amount paid for the position when it is issued (including
illegal or otherwise unacceptable market conduct. fees and charges) and the amount credited to your Account
It is the Client’s responsibility to be aware of unacceptable when the position is Closed Out (including allowance for
market practices and the legal implications. A Client may any fees, costs and charges).
be liable for penalties to regulators such as ASIC or be 3.21 Counterparty Risk
liable to eToro Australia for costs to eToro Australia
arising out of those trading practices of the Client, which When you deal in our CFDs, you have a counterparty risk
lead to the Client, eToro Australia or any other person with eToro Australia. Because you are dealing with eToro
suffering loss or penalty. Australia as counterparty to every transaction, you will
have an exposure to us in relation to each transaction if
3.20 Closing a position we are not ready, willing or able to meet our obligations,
Our CFDs do not have an expiry date (unless specified for example, if eToro Australia were to become insolvent.
through the eToro Trading Platform). They remain open You should satisfy yourself that eToro Australia is able to
until they are Closed Out. With most CFDs, you can hold meet its obligation to you. You can assess eToro
the position for as long as the eToro Trading Platform Australia’s financial ability to meet its counterparty
permits. This may be for less than a day, or for months. obligations by reviewing its financial statements.
If you wish to close an Open Position, you enter a new You are reliant on eToro Australia’s ability to meet its
position that is equal and opposite to the Open Position. counterparty obligations to you to settle the relevant
To close a ‘bought’ or ‘long’ position - you sell. To close a contract. eToro Australia limits this exposure by hedging
‘short’ or ‘sold’ position - you buy. its exposure to its clients by entering into opposite
At the time that the positions are closed, the eToro transactions as principal in the wholesale market in
Trading Platform will calculate the remaining payment relation to its exposures with clients. eToro Australia is
rights and obligations to reflect movements in the then exposed to counterparty risk with that hedging
Contract Value since the previous business close party.
(including any other credits/debits). Because you enter a Please note that eToro Australia does not use client
position to Close Out the existing position, there may be a moneys to hedge any of its positions with its Hedge
fee on the position used to close the position – see Counterparty. Those positions are funded by eToro
Section 5. Australia’s operating account. eToro Australia will
To provide the CFDs to you in an efficient and low- withdraw your client moneys to pay amounts to which it
cost manner, eToro Australia has discretion in is entitled, and pay moneys into the eToro client moneys
determining closing prices. In general, without limiting trust account for your benefit, following revaluations of
eToro Australia’s discretion, it should be expected that your Account (as explained in this PDS).
eToro Australia will act reasonably and have regard to An account with eToro Australia is not insured or guaranteed
a range of relevant factors at the time, the closing by the Australian government or any other entity.
price of the Underlying Instrument for the position,

eToro Aus Capital Limited PDS 10 May 2023 17


Consequently, should we become insolvent there is no assurance of the credit quality of the Hedge Counterparty
guarantee that your account will maintain its value or of any regulated or voluntary scheme for meeting the
(however, please refer to the section 3.12 Clients Money claims of creditors of the Hedge Counterparty. For
Rules for further clarification). example, although a Hedge Counterparty may be
regulated by Cyprus financial services law that gives no
3.22 Risks from eToro Australia’s Hedge
assurance that the Hedge Counterparty has good credit
Counterparties quality or it will perform its obligations to eToro Australia.
eToro Australia operates a market-making model, which
● The credit quality of the Hedge Counterparty can change
means it may at any time choose to hedge or not to quickly. eToro Australia may not be able to make
hedge some or all of its positions and it may change that assessments of the credit quality of its Hedge
at any time (and without disclosing its hedging). Any of Counterparty at the time the changes occur which it can
those hedge positions means that eToro Australia will disclose. Reports by independent credit rating agencies
have one or more Hedge Counterparties, each of which may not be available because of their lack of consent or
potentially owes a net amount to eToro Australia. because they are not licensed to allow such reports to be
It is possible that eToro Australia’s Hedge Counterparty cited in the PDS given to retail clients.
may become insolvent or it is possible that other clients ● eToro Australia may use other Hedge Counterparties and
of that Hedge Counterparty may cause a default, which may do so without prior notice to you of that. For
reduces the financial resources or capacity for that Hedge example, in times of exceptional market difficulties or
Counterparty to perform its obligations owed to eToro communications technology problems, eToro Australia
Australia under the hedge CFDs. may decide it is prudent to hedge with other hedge
Since eToro Australia is liable to you as principal on the counterparties other than with eToro (Europe) Ltd.
contract, eToro Australia could be exposed to the ● If eToro Australia becomes aware that material
insolvency of its Hedge Counterparty or other defaults information about the Hedge Counterparty changes or a
which affect the Hedge Counterparty. significant matter later changes, eToro Australia will issue
The following information is applicable with respect to a supplementary product disclosure statement, or a new
eToro Australia’s the main affiliated Hedge Counterparty product disclosure statement. If the new information is
as at the date of this PDS. Please be aware that eToro not materially adverse to you, eToro Australia will provide
the updated information on its website.
Australia does not make any representation that it will
hedge, or that it will hedge only with the following eToro Australia is not authorised to set out in this PDS any
affiliated Hedge Counterparty. further information published by the Hedge Counterparty and
eToro Australia takes no responsibility for third-party
Hedge Counterparty: eToro (Europe) Limited
information about the Hedge Counterparty which may be
Further information: eToro (Europe) Limited is a company available to you. If you require further information about the
incorporated in Cyprus (registered number HE200585). It Hedge Counterparty used by eToro Australia before deciding
is a regulated financial services company and investment whether to invest in the CFDs, please contact us so we can
firm. provide to you any further information of the Hedge
Counterparty, which is publicly available.
It is regulated by the Cyprus Securities and Exchange
Commission (licensee number CIF 109/10) and operates 3.23 Solvency of eToro
in accordance with Markets in Financial Instruments
The risks you have by dealing with eToro Australia cannot be
Directive (MiFID) of the European Union.
simplistically assessed by reference to historical financial
You should note that: information about eToro Australia or its Hedge Counterparty
or general statements of principle.
● eToro (Europe) Ltd has not been involved in the
preparation of this PDS nor has authorised any The credit risk you have on eToro Australia depends on,
statement made in this PDS relating to it. whether it systematically manages all Client Accounts on the
same basis, its solvency generally, as well as on the amount
● eToro (Europe) Ltd has no contractual or other legal
(and kind) of its capitalisation, its cash flow, all of its business
relationship with you as holder of the CFDs. eToro
risks, its Client and Instrument concentration risks, its
(Europe) Ltd is not liable to you and you have no
counterparty risks for all of its business and transactions (not
legal recourse against eToro (Europe) Ltd (because
just the CFDs), its risk management systems and actual
eToro Australia acts as principal to you and not as
implementation of that risk management.
agent) nor can you require eToro Australia to act
against eToro (Europe) Ltd. Your credit risk on eToro Australia will fluctuate throughout the
day and from day to day, including due to the implied credit
● eToro Australia gives no assurance as to the solvency
risk on its Hedge Counterparty, whose credit risk to eToro
or performance of any Hedge Counterparty.
Australia (and so indirectly to you) cannot be assessed or
● The regulation of a Hedge Counterparty is no verified on a continuous basis or perhaps at all.

eToro Aus Capital Limited PDS 10 May 2023 18


You should consider all of those factors and not rely funds, and may choose to pay out interim amounts
only on past financial statements since that could be from any available funds.
materially incomplete information for your
● The precise amounts and timing of any further
purposes, not current and therefore potentially
possible payments might not be known until the net
misleading as a guide to the current solvency and
position with its Hedge Counterparty is known and
creditworthiness of eToro Australia.
paid to eToro Australia.
The eToro Australia annual directors’ report and an
● The position of the Hedge Counterparty depends on
audited annual financial report will be available for
what it recovers from its Hedge Counterparty and
inspection free of charge on request by contacting
what it owes its clients.
eToro Australia for an appointment at its offices.
● eToro Australia will need to assess the amounts
3.24 Payments to you in eToro Australia insolvency
prudently available to pay CFD Clients, and may
If eToro Australia becomes insolvent, here is how choose to pay out interim amounts.
you could be paid for any net credit balance in your ● eToro Australia will need to assess fair and
Account: reasonable allocation to Clients, having regard to, for
● Any moneys in the eToro Australia client example any amounts paid from the eToro Australia
moneys trust account should be paid to you, client moneys trust account, Account balances and
after deduction for any amounts properly amounts recovered from its Hedge Counterparty.
payable to eToro Australia for the CFDs or other 3.25 Market Misconduct
financial products or which you have otherwise
agreed are payable to eToro Australia (and Financial markets in Australia are heavily regulated by
subject to any court orders to the contrary). ASIC. Some trading practices are considered to be
unacceptable and are prohibited by Australian law. It is
● eToro Australia will owe you any remaining net your responsibility to be aware of any prohibited trading
amount after paying to you your moneys from
practices and to act in accordance with the law in your
the eToro Australia client moneys trust account.
dealings with us. In addition to your legal obligations, we
● eToro Australia will need to assess the amounts have certain rights against you as set out in our Financial
prudently available to pay Clients from its own Product Terms.

Section 4 – Significant Risks


Dealing in our financial products involves a number of significant risks. You should seek independent advice and consider
carefully whether our products are appropriate for you given your experience, financial objectives, needs and circumstances.

4.1 Key Risks

You should consider these key risks involved in our offering:

KEY RISKS IMPORTANT ISSUES

Loss from Leverage: You may choose to trade CFDs with leverage that can lead to large losses as well as large gains.
The high degree of leverage offered in our products can work against you as well as for you. The
leveraged nature of the eToro Australia CFDs gives a moderate to high risk of a loss larger than
the amounts you pay eToro Australia as Margin. It can also cause volatile fluctuations in the
Margin Requirements.

You can minimise the risk of losses on positions by monitoring your Open Positions and Closing
Out the positions before losses arise.

Client moneys may be The money which you pay into the eToro Australia client moneys trust account may be
withdrawn to pay eToro withdrawn to pay eToro Australia moneys to which it is entitled. This includes amounts for any
Australia: Realised Losses as well as for any fees, charges and costs.

Those moneys withdrawn to pay eToro Australia are eToro Australia’s moneys (and are not held
for you), reducing the amount of moneys held in the eToro Australia client money trust account
held beneficially for you.

Client moneys held in The money which you pay into the eToro Australia client moneys trust account may be used to

eToro Aus Capital Limited PDS 10 May 2023 19


permitted investments invest in certain permitted investment types. In this case, the risks of such investments may be
may involve different risks greater than where money is deposited with an Australian ADI. In any event, eToro Australia will
repay any shortfall suffered as a result of any such investment, meaning that the amount which
you pay into the eToro Australia client moneys trust account will not be reduced due to these
investments.

Margin risk: You must be able to pay to eToro Australia the amount of required Margin as and when required,
otherwise some or all your Transactions may be Closed Out without notice to you.

Margin Requirements are highly likely to change continuously, in line with market movements in
the Underlying Instrument.

You should be aware that there is a high risk of Margin Requirements changing and at times, very
rapidly. There is a moderate to high risk that if the market value of the Underlying Instrument
moves rapidly against you, you will be required to pay more Margin without eToro Australia
giving you notice of that.

You can minimise your risk of losing your positions after failing to meet Margin Requirements by
carefully selecting the type and amount of CFDs to suit your needs, having risk management
tools in place (such as placing stop loss orders, limit orders or any other Order permitted by
eToro), monitoring the positions, maintaining a prudent level of cash balance in your Account
and providing sufficient Margin within the time required by eToro Australia. Please see Sections
3.13 to 3.15 for further information about Margin.

Foreign exchange risk: Foreign currency conversions required for your Account (see section 6 for a further description)
can expose you to foreign exchange risks between the time the Transaction is entered into and
the time the relevant conversion of currencies occurs.

Foreign exchange markets can change rapidly. This exposes you to potentially adverse changes in
the value of your Account, which can be large (depending on foreign exchange rates) and volatile.
This will directly affect the value of a position.

Counterparty risk on You have the risk that eToro Australia may not meet its obligations to you under the CFDs. The
eToro Australia: CFDs are not Exchange traded so you need to consider the credit and related risks you have on
eToro Australia.

eToro Australia believes that your counterparty risk on eToro Australia is low, especially due to its
feature of paying moneys into the eToro Australia client moneys trust account if there is any
Realised Profit on your Account and due to its Margin policy and risk management which it
implements for the benefit of Clients.

eToro Australia also believes that your counterparty risk is reduced by the additional feature of
eToro Australia not using client moneys to hedge any of its positions with its Hedge
Counterparty. Those positions are funded from eToro Australia’s operating account.

You can minimise your counterparty risk on eToro Australia by limiting the amount you pay
eToro, dealing prudently and requesting payment to you of any surplus in your Account which is
not required for prudent Margin Cover management; however, this approach may increase your
Margin Cover risk, resulting in all of your positions being Closed Out. Please see Sections 3.21 to
3.24.

Cryptocurrency CFD risks: The prices available for cryptocurrencies fluctuate significantly on any given day and over
time (so your eToro Cryptocurrency CFDs pricing will also fluctuate as significantly and as often).

There is no regulated market for cryptocurrencies. This affects the pricing, liquidity, integrity of
the markets and any exchange used for dealing in the cryptocurrencies which are the Underlying
Instruments. Exchanges offering pricing for cryptocurrencies have little or no regulation or
protections for users of them. Exchanges may be partly centralised, decentralised or some other
combination of order book facilities. These factors affect the pricing, liquidity and cost of
transactions in cryptocurrencies, which can correspondingly affect the pricing of eToro
Cryptocurrency CFDs.

Cryptocurrencies rely on a number of key factors which are not present in other Underlying
Instruments, software for the cryptocurrency, nodes and mining of cryptocurrencies. These are
technical features which are outside the scope of this PDS so you should be familiar with the key

eToro Aus Capital Limited PDS 10 May 2023 20


features of cryptocurrencies before dealing in an CFDs in relation to them. None of these are
regulated or backed by any government or voluntary institution, so there are additional risks
inherent in cryptocurrencies, and their predictability is much more uncertain. Cryptocurrencies
have experienced a range of issues, such as forking or delays in transactions, which can affect the
pricing of eToro Cryptocurrency CFDs.

It is possible that some cryptocurrencies may become worthless, leading to your eToro
Cryptocurrency CFDs becoming worthless.

Here is more information about those risks may arise due to the features of our CFDs. Please
note that this PDS does not disclose all of the risks of cryptocurrencies.

eToro Australia does not own or control the underlying software protocols which govern the
operation of cryptocurrencies available as Underlying Instruments for eToro Cryptocurrency
CFDs for trading in our platform. In general, the underlying protocols are open source and
anyone can use, copy, modify, and distribute them. There is no guarantee of their functionality,
security, or availability. The underlying protocols are subject to sudden changes in operating
rules (forks) and other events and transformations, and that such forks, transformations and
other events may materially affect the value, function or even the name of the cryptocurrency.
eToro Australia may, in its sole discretion, temporarily suspend access to CFDs with that
cryptocurrency as the Underlying Instrument; decide not to support (or to cease supporting) the
forked protocol entirely or the cryptocurrency resulting from such event; or to delay offering
CFDs, which means you would not be able to Close Out any Open Positions. In our sole discretion
we may decide (but for avoidance of any doubt we are not obliged to do so) to adjust your
Account in respect of a fork or other event depending on the circumstances of each event
attributable to any specific cryptocurrency. eToro assumes absolutely no responsibility
whatsoever in respect of an unsupported branch of a forked protocol or the cryptocurrency
resulting from such event.

If at any time any of the cryptocurrencies that is an Underlying Instrument for your CFD is
delisted or we no longer support the cryptocurrencies for any reason, then the applicable CFD
may be immediately closed. If eToro is notified that a cryptocurrency which is the Underlying
Instrument for your CFD which you hold in your Account is likely to be delisted or removed or
cancelled from any of the exchanges (some of them or all) and eToro Australia believes that it (or
its Hedge Counterparty) will not be able to trade in such cryptocurrencies, or if there is another
significant disruption to a market for a cryptocurrency or the cryptocurrency itself is subject to a
significant disruption, then eToro Australia may exercise its discretions to adjust the pricing or to
terminate the eToro Cryptocurrency CFD. It will do so in accordance with its obligations and
duties, acting reasonably for the market as a whole, without having to consider any particular
client.

Under certain market conditions, you may find it difficult or impossible to liquidate a CFD
position. This can occur, for example, when the market reaches a daily price fluctuation limit
(“limit move”), if there is insufficient liquidity in the market.

eToro Cryptocurrency CFDs should be seen as a medium to high risk investment. You should
never invest funds that you cannot afford to lose. The maximum leverage provided on
Cryptocurrency CFDs is 2x.

Given the foregoing, cryptocurrencies are not appropriate for all investors. You should not deal in
these CFDs unless you have the necessary knowledge and expertise, you understand these
products’ characteristics and your exposure to risk. You should also be satisfied that the product
is suitable for you in light of your circumstances and financial position.

The risk of loss in trading eToro Cryptocurrency CFDs can be substantial. You should, therefore,
carefully consider whether such that you may sustain a total loss of the funds in your Account. If
the market moves against your position, you may be called upon by us to provide a substantial
amount of additional Margin, on short notice, in order to maintain your position. If you do not
provide the required funds within the time required by us, your position may be liquidated at a
loss.

eToro Australia currently allows trading in eToro Cryptocurrency CFDs over the weekend, though
it may stop that at any time and from time to time. Given that cryptocurrency exchanges might
operate over weekends, there can be a significant difference between Friday’s close and Sunday’s

eToro Aus Capital Limited PDS 10 May 2023 21


open prices of eToro Cryptocurrency CFDs. All such factors may result in you either not
completing an Order on a specific trading day or completing an Order on a substantially less
favourable price.

You can manage these risks by only investing in eToro Cryptocurrency CFD if you are experienced
in the cryptocurrency, you manage your exposure by limiting your exposure, placing appropriate
orders and carefully and frequently monitoring your Open Positions.

Since your Margin Cover requirements for eToro Cryptocurrency CFDs may be large, and may be
increased over the weekend, you can help to mange your risks by carefully considering the
amount of Margin you have in your Account, the risks of all of your Open Positions and your
capacity to trade or to provide more Margin Cover immediately, even outside of banking
payment hours.

4.2 Other Significant Risks

You should consider these other significant risks involved in our products:

SIGNIFICANT RISKS IMPORTANT ISSUES

Market Risk: Financial markets can change rapidly; they are speculative and volatile. Prices of currencies
depend on a number of factors including, but not limited to, commodity prices or central bank
decisions, interest rates, demand and supply and actions of governments.

Our products are highly speculative and volatile. There is a high risk that market prices may move
such that the Contract Value of the position on closing can be significantly less than the amount
you invested in them.

There is no guarantee or assurance that you will make profits, or not make losses, or that
unrealised profits or losses will remain unchanged.

You can reduce your risk by understanding the market relevant to the CFDs, monitoring your
positions carefully and closing your Open Positions before unacceptable losses arise.

Not a regulated market: The financial products offered by eToro Australia are derivatives and are not covered by the rules
for Exchange-traded CFDs. For example, trading on the ASX is governed by rules applicable to
brokers and generally has the benefit of a guarantee system known as the National Guarantee
Fund which provides protection from fraud or misconduct by brokers in connection with certain
ASX trades. The ASX rules and the National Guarantee Fund do not apply to trading in our CFDs.

Over-the-counter derivatives, such as the CFDs, by their nature may not at times be liquid
investments in themselves. If you want to exit the position, you rely on eToro Australia’s ability to
Close Out at the time you wish, which might not match the liquidity or market price of the
Underlying Instrument.

You can reduce your risk by carefully reading this PDS, the Financial Product Terms and taking
independent advice on the legal and financial aspects relevant to you.

Market disruptions: A market disruption may lead to you being unable to deal in our financial products when you
wish, and you may suffer a loss because of that. This is because the market disruption events
which affect the Underlying Instrument will also affect the contract positions on the same or very
similar basis.

Examples of disruptions include the “crash” of a computer-based trading system, a fire or other
Exchange emergency, or an Exchange or government regulatory body declaring an undesirable
situation has developed in relation to series of CFDs or a trade, and suspends trading in those
CFDs or currencies or cancels that trade.

You can attempt to minimise the effect of market disruptions by obtaining information released
by the market relevant to the position and acting after the event as appropriate (if any) to the
position held, such as Closing Out because the values have significantly changed since before the
event.

Orders and gapping: It may become difficult or impossible for you to Close Out a position. This can happen, for
example, when there is a significant change in the Contract Value over a short period. There is a
moderate to high risk of this occurring.

eToro Aus Capital Limited PDS 10 May 2023 22


eToro Australia’s ability to Close Out a position depends on the market for the Underlying
Instrument. Stop Loss Orders (and other Order types) might not always be filled and, even if
placed, might not limit your losses to the amount specified in the Order, since they are not
guarantees that there will be no loss.

You should consider placing Stop Loss Orders or other Orders that might limit your losses, if such
Orders exists at the time you opened your position, but also closely monitor your Account and the
relevant market in case the Stop Loss Order is not fully filled or not filled at all and you need to
take further action to limit your losses. For further information, see the description on “Stop-Loss
Orders” in Section 3.17.

Auto liquidation: eToro Australia may without prior notice to you liquidate some or all your Open Positions if the
Account Value balance reaches or falls below the Margin Closeout level applicable to your
Account. This can generate fees and realised losses in your Account.

eToro Australia does not assure you that eToro Australia will act on this right, at any time or in
respect of all or any of your Open Positions. You should not rely on this right to manage your risk
and your obligation to maintain Margin Cover to meet your Account’s Margin Requirement.

The more basic risks to you are that you fail to manage your own Account by maintaining
adequate Margin Requirement, you fail to monitor your Open Positions, you (wrongly) rely on
eToro Australia liquidating your Open Positions or you fail to manage your Open Positions before
the Account Value balance reaches or falls below the Margin Closeout level applicable to your
Account.

You can manage the risk of eToro Australia liquidating some or all your Open Positions, or the risk
of you wrongly relying on eToro Australia to do this, by carefully monitoring your Open Positions,
placing and maintaining prudent Orders (including Stop Loss Orders), if such exists at the time
you opened your position and managing your Open Positions before the Account Value balance
reaches or falls below the Margin Closeout level applicable to your Account.

Cancellation for error: eToro Australia may void from the outset any Transaction containing or based on any manifest
error or a price, or series of prices, which are subsequently determined to be unrepresentative of
the actual market valuation of the Underlying Instrument. This is exercised in our discretion, so
you have risk of a Transaction later being cancelled, whether or not you were aware that there
was an error in the pricing which we later decide has occurred. In the absence of our fraud or
wilful default, we will not be liable to you for any loss, cost, claim, demand or expense following
any such cancelation.

We consider this to be a low risk, since it does not occur often, but it can occur so you can manage
your risk by monitoring the available prices and your Account.

eToro Trading Platform: You are responsible for the way you access the eToro Trading Platform or your other contact with
eToro Australia. If you are unable to access the eToro Trading platform, you will be unable to
trade in our CFDs (including Closing them Out) or you might not be aware of the current Margin
Cover and Margin Requirement and so you may suffer loss (and liable to pay fees) as a result.

eToro Australia may also suspend the operation of the eToro Trading Platform or any part of it,
without prior notice to you. Although this is considered a low risk since it would usually only
happen in unforeseen extreme situations, eToro Australia has discretion in determining when to
do this. If the eToro Trading Platform is suspended, you might have difficulty contacting eToro,
you might not be able to contact eToro Australia at all, or your Orders may not be able to be
executed at prices quoted to you.

There is a moderate to high risk that eToro Australia imposes volume limits on Client Accounts or
limits or filters on dealing in particular CFDs, which could prevent or delay execution of your
Orders, at your risk.

You have no recourse against eToro Australia in relation to the availability or otherwise of the
eToro Trading Platform, nor for technological or software errors or limitations.

Market: The rules of the relevant market (if any) or Exchange govern the trading in the Underlying
Instrument and so might indirectly affect your dealing in the CFDs.

All the rules (if any) of each relevant market or Exchange may be relevant to the CFDs, so you

eToro Aus Capital Limited PDS 10 May 2023 23


should consider those rules. The details of those rules are outside the control of eToro and they
may change at any time and without notice to you.

Conflicts: Trading with eToro Australia for its OTC CFDs carries an automatic risk of actual conflicts of
interests because eToro Australia is acting as principal in its positions with you and eToro
Australia sets the price of the CFDs and also because it might be transacting with other persons,
at different prices or rates, or eToro Australia might be dealing with market participants in relation
to its exposure to you or to any aspect of all of its Clients’ Accounts.

You can monitor eToro Australia’s CFD pricing compared with other CFDs which have comparable
terms and by monitoring the underlying market.

Valuations: eToro Australia decides the values of its financial products issues to you. Typically, this is by some
reference to (but not automatically solely derived from) the market value (or, if relevant, index
level) of the relevant Underlying Instrument on the relevant market which in turn affects the price
quoted by any relevant Hedge Counterparty to eToro Australia. eToro Australia does not commit
to providing prices directly from a market.

If the market fails to provide that information (for example, due to a failure in trading systems or
data information service) or trading in the Underlying Instrument is halted or suspended, eToro
Australia determines its value based only on its own information (not market pricing).

Due to the nature of our financial products, eToro Australia’s discretion is unfettered and so has
no condition or qualification.

While there are no specific limits on eToro Australia’s discretions, eToro Australia must comply
with its obligations as a financial services licensee to act efficiently, honestly and fairly. You
therefore have the risk of relying on whatever value is determined by eToro Australia in the
circumstances permitted by the Financial Product Terms.

Regulatory Bodies: A Client may incur losses that are caused by matters outside the control of eToro Australia. For
example, actions taken by a regulatory authority exercising its powers during a market emergency
may ultimately result in losses to the Client because of the effect of those actions on the
Underlying Instrument and so, will affect the terms of the Client’s contract (with or without any
decision by eToro).

A regulatory authority can, in extreme situations, suspend trading or alter the price at which a
position is settled, which might lead to changes to the pricing for the Underlying Instrument for
the Client’s position.

eToro Australia’s If you fail to pay, or to provide currency for, amounts payable to eToro Australia or fail to perform
powers on default, any obligation under your Transactions, eToro Australia has extensive powers under the Financial
indemnities and Product Terms to take steps to protect its position.
limitations on liability:
For example, eToro Australia has the power to Close Out positions, to decide whether to accept
Orders or to execute them and to determine the rates of interest it charges. Additionally, under
the Financial Product Terms, you agree to indemnify eToro Australia losses and liabilities,
including, for example, in default scenarios.

Although these powers, limits on the liability of eToro Australia and the indemnities you give to
eToro Australia are extensive and potentially expose you to significant risks, eToro Australia must
comply with its obligations as a financial services licensee to act efficiently, honestly and fairly.

You should read the Financial Product Terms carefully to understand these matters.

Operational Risk: There is always operational risk in the CFDs. For example, disruptions in operational processes
such as communications, computers and computer networks, or external events may lead to
delays in the execution and settlement of a Transaction.

We might not be liable to you if losses arise owing to delays, errors or failures in operational
processes outside our control, including but not limited to faults in the eToro Trading Platform or
in the provision of data or services by third parties.

4.3 Negative Balance Protection

eToro Australia provides Negative Balance Protection for your Accounts. This means that at all times, your maximum potential loss

eToro Aus Capital Limited PDS 10 May 2023 24


would be limited to the balance on your Accounts. The terms on which we offer Negative Balance Protection are set out in our
Financial Product Terms.

If you choose to deposit funds with us, including additional funds in response to a Margin Call or otherwise, then these amounts
will be included as part of your Account balance, and the risk of potential loss will be all of your Account balance at the time
including these additional amounts. On the other hand, if you receive a Margin Call and choose not to deposit additional funds to
satisfy the Margin Call, then your Account balance will not include the amount you would have needed to deposit with us in order
to satisfy your Margin Requirements. However, in such instances, we may exercise our rights to close any or all of your open
Contracts.

eToro Aus Capital Limited PDS 10 May 2023 25


displayed on http://www.etoro.com/en/customer-
Section 5 – Fees, charges service/fees/ link for each specific Underlying Instrument
on the Trading Platform. Any specific differences or
and costs details may be found there.

Please be aware that since most liquidity providers (which


eToro Australia derives a financial benefit by entering into include global banks, financial institutions, prime brokers
other transactions with other persons at different rates and other market makers) across the globe are closed on
Saturdays and Sundays (their local time), there is no
from those charged to the Client.
overnight on these days, but most liquidity providers still
5.1 Fees - General apply interest for those two days. To account for that, we
will book two/three days of overnight fee/credit on the
Please be aware that there is no separate “spread” day relevant for such Instrument as set out on
charged as a fee – it is simply the difference that arises http://www.etoro.com/en/customer-service/fees/(WE
between the Bid and Ask prices as a result of the rates Overnight Day), which makes a typical Overnight Day
chosen by eToro Australia. overnight fee/credit a multiple of the amount on the
The specific details for each CFD (sometimes referred to preceding weekdays, all as set out on
as the Trading Conditions) will depend on a range of http://www.etoro.com/en/customer-service/fees/. Market
factors, including your choice of Underlying Instruments holidays will be charged on a daily basis and not in
and their markets. The variable details are available at advance before the holiday (for instance if any of the
currencies traded has a major holiday).
http://www.etoro.com/en/customer-service/fees/.
In deciding whether to open a position for a CFD with a
5.2 Finance Charge and Finance Credit adjustments specific Underlying Instrument, you should be aware of
on CFDs the overnight fee/credit rates because they will be added
Finance Charges and Finance Credits are calculated daily or subtracted(as the case may be) to or from your
on CFD positions held overnight and are dependent on Account.
the underlying market of the Underlying Instrument and 5.3 Interest on cash balances
the actual rates decided by us.
You do not receive interest on moneys held for you in the
When you hold a position overnight, your Account is eToro Australia client money trust account. eToro
debited or credited the overnight swap or rollover rate Australia does not pay any interest on cash balances in
(otherwise known as the Finance Charge or Finance your Account even if paid to eToro Australia by any third
Credit). party, unless otherwise agreed in writing.
The swap or rollover rate is decided by us by reference to 5.4 Bank Fees
the interest rate differential between the interest rates
offered by the countries whose currencies you are trading Please be aware that you may incur fees imposed on your
(by way of our CFDs) plus or minus an amount (referred to Transaction by your bank or intermediary banks. eToro
as “spread”) applied by eToro Australia. Australia is not responsible for these additional charges.
Any Open Positions held by you after the relevant hour for
5.5 Conversion fee
the CFD (as shown on
http://www.etoro.com/en/customer- service/fees/ ) eToro Australia will convert any profit or loss of your
(Overnight Hour), which is considered the beginning and Transactions from the trade currency to the currency of
end of the trading day for that CFD, are considered to be your Account at our current exchange rate which may be
held overnight and so are subject to overnight fee/credit different to the spot foreign exchange rate.
as further explained below.
5.6 Charges, External Fees and Taxes
When holding such position open after the Overnight
In some cases, there may be fees charged by third party
Hour, an overnight fee/credit will be either added or
banks (e.g., bank charges on international payment
subtracted from your Account with respect to such
transfers and credit card payments) to eToro Australia
position.
which eToro Australia may charge you. These are not part
The overnight fee/credit amount is a constant of our financial products but you might incur them in
fee/percentage of the position value/dollar amount per relation to your payments to us or receipts from us.
units and is based on a number of factors including
For example, if eToro Australia is charged a credit/debit
among others, whether the Transaction is a buy or a sell,
card/e-wallet fee for receiving your payment, eToro
relevant interest rates, the currency in which it is
Australia will charge you for that (and any GST), and apply
denominated, instrument differentials, daily price
that to your Account.
fluctuations and other economic and market related
factors. If there is a chargeback for any payment to your Account
(whether made by you or in your name), you may be
The overnight fee/credit for each instrument is
responsible for covering any reversed payments and

eToro Aus Capital Limited PDS 10 May 2023 26


charge back fees incurred by eToro Australia. but we are not obliged to act in your best interests or to avoid
or minimise a loss in your Account, or avoid causing you fees on
You are responsible for any transaction duty, GST or
Transactions.
similar goods and services or value added tax
payable in respect of trading in Transactions (except Our significant discretions are:
for any income tax payable by eToro).
• whether to accept your Order (including to Close Out a
5.7 Details and Demonstration account position) or to amend it;

We encourage you to visit our Trading Platform to • any risk limits or other limits or filters we impose on your
see how the Transactions work and their specific Account or your trading;
fees, charges and costs. Our demonstration account
• determining Margin Cover and Margin Requirements,
is a free way to see and learn examples.
especially the amount of Initial Margin, and any grace time to
meet any changed Margin Requirement;
Section 6 – General
• determining values of Underlying Instruments (for opening
Information and closing positions and for determining Margin Cover);

• setting Bid prices and Ask prices; and


6.1 Accounts denominated in foreign currency
• Closing your positions and setting the Closing Value.
Each Account will be denominated in US dollars or
You should consider the significant risks that arise from eToro
any other currency permitted by eToro Australia
Australia exercising its discretions – see Section 4.
from time to time.
If you instruct eToro Australia to make a Transaction Our other discretions include:
denominated in a currency different from the • setting our fees and interest rates;
denomination of your Account currency, eToro Australia
will convert the currency value of your Transaction into • adjusting your positions for adjustments made in the market
the Account’s currency. Any such conversion is subject to to the Underlying Instrument;
eToro Australia’s procedures and approval. • adjusting, Closing Out or cancelling Transactions or Orders
The foreign currency conversions can expose you to due to applying our compliance or operational policies;
foreign currency exchange risks between the time the • setting foreign currency exchange conversion rates;
Transaction is entered and the time the relevant
• opening and closing your Account; and
conversion of currencies occurs. This will immediately
impact on the margining of your Account, so you must be • interpretation, variation and application of our policies.
careful to understand and to monitor the effect of trading
Please note that while we have discretions, the Trading
in products denominated in foreign currencies.
Conditions typically are set or applied for automatic
Foreign exchange markets can change rapidly. Foreign outcomes, such as Closing Out all of your Open Positions if
currency exchange rates depend on many factors your Account does not meet the Margin Requirement.
including for example, interest rates, currency supply and
6.3 Policies
demand and actions of government. In some situations,
exchanges of foreign currency may be suspended and eToro Australia has a number of policies that can affect
further, may be allowed after a delay and the rates your investments. The policies are guidelines that eToro
substantially different due to, for example, government Australia (including all of its staff) is expected to follow
decisions. These will impact on the rates of conversion set but policies are not part of the Financial Product Terms
by eToro Australia. and do not give you additional legal rights or powers.
6.2 Discretions We may change our policies at any time without notice to
you. We may amend, withdraw, replace or add to our
eToro Australia has discretions under the Financial
policies at any time without notice to you. Our policies
Product Terms which can affect your Account Orders and
might help you understand how we operate but all the
positions. You do not have any power to direct how we
important disclosures are set out in or referred to in this
exercise our discretions.
PDS and the Financial Product Terms set out our
When exercising our discretions, we will comply with our respective contractual rights and obligations so you
legal obligations as the holder of an Australian Financial should only rely on this PDS and not on the policies.
Services Licence. We will have regard to our policies and
A summary of our key policies is available by contacting
to managing all risks (including but not limited to
us, which we will send you by email free of charge.
financial, credit and legal risks) for ourselves and all our
Clients, our obligations to our counterparties, market Our key policies relevant to our products currently are:
conditions and our reputation.
• client suitability policy;
We will try to act reasonably in exercising our discretions

eToro Aus Capital Limited PDS 10 May 2023 27


• client moneys policy; cheques or cash deposits.

• risk management policy (to the extent it applies to Funding your Account by credit card has additional risks and
Clients, hedging and Hedge Counterparties); and costs for you. By using that payment method, you effectively
would be doubling your leverage by taking credit from your
• conflicts of interests’ management policy
credit card account and dealing with leverage on your Account.
6.4 Anti-Money Laundering Laws This can add to the risks and volatility of your positions as well
as potentially higher interest costs on your credit card account.
eToro Australia is subject to anti-money laundering
and counter-terrorism financing laws (AML laws) that If you lose on your CFDs, you might not have other financial
can affect the CFDs. If your Account is established, resources to repay your credit card account, incurring higher
eToro Australia may disclose your personal interest costs and possibly defaulting on your credit card
information and stop or Close Out Transactions on terms.
your Account for the purposes of the AML laws or
Although eToro accepts payments of more than $1,000 from
under eToro Australia’s AML laws, policies and
credit card accounts to fund your Account and for later Margin
procedures, without liability to you for any loss that
payments, please carefully consider whether this payment
arises due to that occurring.
method is suitable for your dealing and limit it to what you can
6.5 About eToro Australia afford.

eToro Australia is an Australian incorporated 6.7 Taxation Implications


company, licensed to provide financial services in
The Australian Taxation Office (ATO) Taxation Ruling 2005/15
OTC derivatives to retail clients and wholesale
describes the income tax and capital gains tax implications of
clients.
trading in CFDs for differences and margin foreign exchange
Further information about eToro Australia is CFDs.
available at www.etoro.com (follow through to the
Our products will have taxation implications for Clients,
pages for eToro Australia).
depending on the current tax laws and administration, the
eToro Australia is part of the eToro group of nature of the Client for tax laws, the terms of the transactions
companies. None of the other companies in the and other circumstances. These are invariably complex and
eToro group guarantee or assure the performance specific to each Client. You should consult your tax adviser
by eToro Australia of its obligations to you. before trading in these financial products.

eToro Australia also provides or arranges the The following summary assumes that the Client will hold the
services of its affiliates to you. This includes the eToro contract on revenue account, i.e. the Client will be carrying on a
Trading Platform and CopyTrading tools. The terms business of either trading or investing in these types of
of these are with the respective service providers, financial products or the Client will enter into the financial
products for profit making purposes (or both). This summary
which are affiliates of eToro Australia domiciled
does not consider the taxation position if you enter into the
outside of Australia and subject to their respective
financial products detailed in this PDS for the purposes of
countries' laws, regulations and (if applicable)
hedging risks associated with other investments held by the
investor protections). Such services are covered by client on capital account.
the following documents:
If you are entering into a contract for the purposes of hedging,
https://www.etoro.com/en/copytrading-authorization/ then the taxation consequences will depend on the nature of
https://www.etoro.com/customer-service/terms-conditions/ the underlying transaction or the asset or liability which is
https://www.etoro.com/customer-service/general-risk- being hedged. It is recommended that you obtain your own
disclosure/ professional taxation advice for this scenario.

The following information should be regarded as general


Please note that your CFDs are only with eToro Australia
information only.
and, despite using any services from affiliates of eToro
Australia, you are unlikely to have any investor protections Profits and losses on our CFDs
in relation to the CFDs with eToro Australia other than
Any realised gains derived or losses incurred by you in respect
pursuant to the Financial Product Terms and Australian
of a contract ordinarily should be included in your assessable
law.
income. Realisation will generally occur when the right or
6.6 Applications obligation to receive or pay on the contract ceases.
You apply for an Account by completing an online When calculating the amount of profit or loss, you need to
application form which accompanies the online access to consider the difference between the Closing Value and the
the Financial Product Terms. Contract Value on commencement of the position and any
fees on Open Positions paid or received by you.
Accounts can be funded by credit card, electronic transfer,
or other methods permitted by eToro Australia from time The availability of tax deductions or losses incurred
to time. Please note that eToro Australia does not accept
eToro Aus Capital Limited PDS 10 May 2023 28
because of entering into these contacts to offset contract acquired, nor request a refund of the money paid to
current and future year income will depend on your acquire the CFD. If you change your mind after entering into a
personal circumstances and you will need to seek contract
advice from your tax adviser in this regard.
with eToro, you must Close it Out, pay any Transaction fees
Interest you receive on your Account is likely to be and take the risk of incurring a loss in doing so.
treated as assessable income for Australian tax 6.9 Ethical Considerations
purposes at the time that it is credited to the
Account. If you do not provide your TFN (or ABN if eToro Australia OTC contracts do not have a managed
applicable) or proof of exemption, eToro Australia investment component.
may be required to withhold tax from any interest
Labour standards or environmental, social or ethical
payment at the highest marginal rate (possibly plus
considerations are not taken into account by eToro Australia
any levy).
when making, holding, varying or Closing Out the CFDs.
Capital gains tax
6.10 Jurisdictions
A contract for difference is classified as a capital
The distribution of this PDS in jurisdictions outside Australia
gains tax asset under the Income Tax Assessment
may be subject to legal restrictions. Any person who resides
Act 1997 (Commonwealth) (ITAA). Your dealing in
outside Australia who gains access to this PDS should comply
eToro Australia CFDs will have capital gains tax
with any such restrictions and failure to do so may constitute a
implications for you. In calculating any capital gain or
violation of financial services laws.
loss in respect of your dealing in eToro Australia
CFDs, it is our understanding that you are entitled to eToro Australia may decline applications for Accounts , or for
take into consideration the cost of acquiring, holding access to particular kinds of CFDs (such as eToro
and disposing of the eToro Australia CFD. Cryptocurrency CFDs) at any time and from time to time due
for any reason, including due to regulations in relation to
Tax file number withholding rules
Underlying Instruments (such as cryptocurrencies).
The tax file number withholding rules only apply to
eToro Australia’s operations are governed by the laws in
those investments as set out in income tax
Australia.
legislation. eToro Australia’s current understanding
is that those withholding rules do not apply to its 6.11 eToro insurance
financial products; however, if it is later determined
eToro Australia has a comprehensive insurance policy in place
to apply and you have not provided eToro Australia
to cover a variety of different scenarios, some which may assist
with your tax file number or an exemption category,
in the repayment of deficits arising from dealing in Hedge
eToro Australia may be obliged to withhold interest
Counterparties or if there is fraudulent activity by one of eToro
payments at the highest margin tax rate and remit
Australia’s employees, directors or authorised representatives
that amount to the ATO.
that results in your money being used in fraudulent activities.
Other fees, charges or commissions
If the insurance policy is insufficient or the insurer fails to
If the position gives rise to gains that are assessable perform its obligations, eToro Australia may not be able to
or losses that are deductible, any fees other than make the payments it owes to you.
charges or commissions ordinarily should be
6.12 Dispute Resolution
available as a deduction at the time they are paid by
the investor and debited against their Account. eToro Australia is committed to providing our clients with
outstanding service. If you have a complaint about the
Goods and Services Tax
financial product or service provided to you, please raise the
According to the ATO GST Determination issue with us by taking the following steps:
GSTD2005/3, the provision, acquisition or disposal of
a contract for difference is a financial supply under
the provisions of the A New Tax System (Goods and 1. Contact our eToro Australia Dispute Resolution
Services) Tax 1999 and related regulations and is Officer and provide the details of your complaint.
input taxed, with no GST imposed. You may do this by telephone, email or letter.

Except for fees and charges as set out in this PDS, 2. If your complaint is not satisfactorily resolved, within
amounts payable for or in respect of positions are three (3) Business Days of receipt of your initial
not subject to goods and service tax for Australian complaint, please put your complaint in writing and
residents. Clients should seek their own send it to the Compliance Department at:
independent advice.

6.8 Cooling Off eToro Aus Capital Limited Level 3


60 Castlereagh Street
There is no cooling off arrangement for our offering. You Sydney NSW 2000
do not have the right to return any eToro Australia OTC

eToro Aus Capital Limited PDS 10 May 2023 29


or by email at info@etoro.com.au information on directors and shareholders of a corporate
client or agents or representatives of the Client. eToro
eToro Australia will make every effort to try to resolve Australia may be required by law to collect information,
your complaint quickly and fairly. Complaints received in such as for taxation purposes or to identify persons who
writing will be acknowledged within two (2) Business Days open or operate an Account.
of written receipt of your complaint and we will use our
eToro Australia may take steps to verify information given
best endeavours to try to resolve your complaint within
to it, in accordance with relevant laws, such as consulting
45 days of receipt of your written complaint.
registries, referees, employers or credit agencies. This
If you are not satisfied with the final response provided
information will not be disclosed to any other person
by our Compliance Department, you may exercise your
although eToro Australia may disclose this information to
right to complain to the Financial Ombudsman Service Ltd
its related bodies corporate or agents in the ordinary
(FOS), if your complaint is within its rules. FOS is an
course of eToro Australia providing you with its products
external dispute resolution scheme. The contact details
and services.
for FOS are:
Using the personal information
Financial Ombudsman Service Limited
G.P.O. Box 3 If eToro Australia has collected the information from you,
Melbourne VIC 3001 eToro Australia will only use the information for the
Telephone: 1300 780 808 Website: purposes described below and above unless you consent
www.fos.org.au otherwise.
Personal information may be disclosed to:
Please note that we will need to respond to your • any person acting on your behalf, including your
complaint prior to FOS initiating any investigation into adviser, accountant, solicitor, executor, attorney or other
your complaint. representative;
eToro Australia is a member of the FOS complaints • related bodies corporate or agents in the ordinary
resolution scheme (No. 40378). The service provided to course of eToro Australia providing you with its products
you by FOS is free of charge. and services if you use, or intend to use, services of those
other corporations;
The Australian Securities and Investments Commission
(ASIC) also has an Info line on 1300 300 630 which you • any organisations to whom eToro Australia outsources
may use to make a complaint and obtain information administrative functions;
about your rights.
• brokers or agents who refer your business to eToro
6.13 Privacy Australia (so that we may efficiently exchange information
and administer your account);
All the information collected by eToro Australia, in the
application form or otherwise, is used for the purpose of • regulatory authorities; and
providing you with the financial products and services,
maintaining your Account, and for the purpose of • as required or permitted by law or by court order.
assessing whether you would be suitable as a Client. This information will not be disclosed to any other person
eToro Australia has obligations under, and has without your consent.
procedures in place to ensure its compliance with, the You may access your personal information held by eToro
Privacy Act 1988 (Commonwealth). Australia (subject to permitted exceptions), by contacting
Significantly, these obligations include the following: eToro Australia.

Collecting personal information Since eToro Australia is obliged by law to take reasonable
steps to ensure that the personal information used is
In collecting personal information, eToro Australia is accurate, up to date and complete, please tell us
required: immediately if any of the information provided in this
section changes.
• to collect only information which is necessary for
the purpose described above; Retaining personal information
• to ensure that collection of the information is by eToro Australia takes reasonable steps to maintain secure
fair and lawful means; and protection of all personal information obtained from
misuse, loss, unauthorised access, modification or
• to take reasonable steps to make you, the
disclosure.
individual, aware of why the information is being
collected and that you may access the information
held by us.

If necessary, eToro Australia may also collect

eToro Aus Capital Limited PDS 10 May 2023 30


Transaction with another Transaction of the same kind under
Section 7 – Glossary which the Client has assumed an offsetting opposite position.

Closing Value means the value determined by eToro Australia


ABN means Australian business number. by multiplying the number of your contract by the price (or, if
Account means your account with eToro Australia an index, the level) of the contract.
established under the Financial Product Terms, including Commodity Transaction means a transaction to buy or sell a
all Transactions recorded in them, for using the eToro specific quantity of a described commodity or to make a
Trading Platform. payment calculated by reference to changes in the level of an
Financial Product Terms means the terms of your index or interest rate, at an agreed date in the future.
Account with eToro Australia for all of your Accounts by Contract Value means the face value of the contract, and is
which you deal in Transactions (as amended from time to calculated by eToro Australia by multiplying the applicable price
time). Variations or additional terms may be notified to (or, if an index, the level) of the contract by the number of CFDs.
you from time to time in accordance with your current
Financial Product Terms. Corporations Act means the Corporations Act 2001
(Commonwealth).
Account Value means the current value of your Account
equity which is calculated by eToro Australia by eToro Australia CFD means an OTC contract issued by eToro
combining: Australia pursuant to the Financial Product Terms.

• the equivalent balance of your Account in the eToro eToro Australia client moneys trust account means the bank
client moneys trust account; account (or any one of several of them) maintained by eToro
Australia as a trust account under section 981B of the
• the Realised/Unrealised Losses and Corporations Act. The moneys held in it beneficially for you are
Realised/Unrealised Profits; credited to your Account.
• indicative costs to Close Out (fees, Finance Charges); and eToro Commodity CFD means an eToro Australia CFD (issued
• the values of Transactions not yet booked. by eToro Australia pursuant to the Financial Product Terms)
whose Underlying Instrument is a Commodity Transaction.
AML Laws means the Anti-Money Laundering and
Counter- Terrorism Financing Act 2006 (Commonwealth) eToro Cryptocurrency CFD means an eToro Australia CFD
and any related regulations, rules and instruments. (issued by eToro Australia pursuant to the Financial Product
Terms) whose Underlying Instrument is a cryptocurrency.
Ask means the price which eToro Australia as the seller is
willing to accept i.e. the price at which you can buy the eToro FX CFD means an eToro Australia CFD (issued by eToro
contract. This is also known as the “offer price”. Australia pursuant to the Financial Product Terms) which
derives an amount calculated by reference to foreign exchange
ASX means the currencies and other Exchanges operated rates.
by ASX Limited.
eToro Index CFD means an eToro Australia CFD (issued by
Australian Dollars or AUD$ means the lawful currency of eToro Australia pursuant to the Financial Product Terms)
the Commonwealth of Australia. whose Underlying Instrument is an index comprised of
securities of issuers listed on an Exchange, typically an index
Balance means the funds or posted credit value available
sponsored or promoted by an Exchange.
in an Account that may be used for dealing in the CFDs.
eToro Share CFD means an eToro Australia CFD (issued by
Base Currency is the first currency quoted in a currency
eToro Australia pursuant to the Financial Product Terms)
pair, for example in the quote AUD/USD, the AUD is the
whose Underlying Instrument is a share or other Exchange-
Base Currency.
traded financial product.
Bid means the price which eToro Australia as the buyer is
eToro Trading Platform means any of the online trading
willing to accept i.e., the price at which you can sell the
platforms provided (or arranged to be provided) by eToro
contract.
Australia for accessing your Account and placing Orders.
Business Day means a weekday which is not a gazetted
Exchange means the relevant market or any other exchange or
public holiday in Sydney
market on which the relevant Underlying Instrument trades or,
CFD means the same as an OTC contract. in the case of an index, to which it relates. It includes
unregulated exchanges for cryptocurrencies.
Client refers to the person who has an Account with
eToro Australia. Finance Charge means a charge payable by you in respect of
your Transaction, in accordance with the Financial Product
Close Out, Closed Out and Closing Out in relation to a
Terms.
Transaction means discharging or satisfying the
obligations of the Client and eToro Australia under the Financial Product Terms means the terms governing both
transaction and this includes matching up the the OTC contracts and your Account with eToro Australia for all

eToro Aus Capital Limited PDS 10 May 2023 31


of your Accounts by which you deal in Transactions (as an Open Position on Close Out is less than the value of the
those terms are amended from time to time). Variations Open Position when the Open Position was last valued or if
or additional terms may be notified to you from time to the Open Position has never been valued previously, it is the
time in accordance with your current Financial Product value when the position was opened; and
Terms.
(b) Unrealised Loss – the amount by which the value of
Hedge Counterparty means a person with whom eToro an Open Position (not on Close Out) is less than the value
Australia enters into a hedge contract to hedge eToro of the Open Position when it was last valued or if the
Australia’s exposure to Client positions. Open Position has never been valued previously, it is the
value when the position was opened.
Initial Margin means the amount which you are required
to provide to eToro Australia as the initial Margin to open Realised/Unrealised Profit refers to each of the following:
a position.
(a) Realised Profit – the amount by which the value of
Leverage Ratio means the ratio set by eToro Australia an Open Position on Close Out is more than the value of
which enables the Client to open a Transaction with an the Open Position when the Open Position was last
exposure referable to that ratio. valued or if the Open Position has never been valued
previously, the value when the position was opened; and
Margin Closeout means the automatic Close Out of all of
your Open Positions which occurs if the Balance does not (b) Unrealised Profit – the amount by which the value of
equal or exceed the Margin Requirement. an Open Position (not on Close Out) is more than the
value of the Open Position when it was last valued or if
Margin means the amount of funds paid to eToro
the Open Position has never been valued previously, the
Australia and credited to your Account as Margin.
value when the position was opened.
Margin Cover means the amount calculated by eToro
Take Profit Order has the meaning given to it in section
Australia as the value in your Account available to meet
3.17 of this PDS.
your Account’s Margin Requirement and for any further
CFDs. It comprises Margin held in the eToro Australia Term Currency is the second currency quoted in a
client moneys trust account (or in a permitted investment currency pair, for example for the quote AUD/USD, the
type) for you and some part (in the discretion of eToro Term Currency is the USD.
Australia) of any Realised/Unrealised Loss and any
TFN means tax file number.
Realised/Unrealised Profit.
Trading Conditions means the operating rules and
Margin Requirement means the minimum amount of
conditions for your trading on the eToro Trading Platform
Margin required to be maintained in your Account before
from time to time.
the Account Value reaches the Margin Closeout level.
Trailing Stop Order has the meaning given to it in section
Market Order has the meaning given to it in section 3.17
3.17 of this PDS.
of this PDS.
Transaction means any of the kinds of CFDs which are
Open Position means, at any time, a Transaction which
dealt under the Financial Product Terms.
has not been Closed Out, or settled prior to the time
agreed for settlement. Take Profit Order Underlying Index means an Underlying Instrument
which is an index when it is used as the basis for the
Order means any instruction provided by you to enter
calculations of prices for an eToro Australia Index CFD.
into a Transaction or to Close Out a Transaction.
Underlying Instrument means the instrument which is
OTC means over-the-counter (in contrast with Exchange-
used as the basis for the calculations of prices for your
traded).
CFDs. This includes an Underlying Index.
OTC contract means an over-the-counter contract,
Withdrawable Funds means the amount of cash which
provided pursuant to the Financial Product Terms, for a
may be paid to you from the Account if requested. There
financial product, including options and CFDs in respect
are Withdrawable Funds only if you have excess Balance
of foreign exchange or other commodities, such as
over your Margin Requirement and our fees, charges and
metals. eToro Australia acts as principal to you in your
costs owing and payable to us. The amount of the
OTC contracts.
Withdrawable Funds is the lesser of the Balance of your
Realised/Unrealised Loss refers to each of the following: Account and the Margin Requirement.

(a) Realised Loss – the amount by which the value of

*** END OF DOCUMENT ***

eToro Aus Capital Limited PDS 10 May 2023 32


eToro Service

Product Disclosure

Statement 10 May 2023

eToro Service
ARSN 637 489 466

Responsible Entity
eToro Asset Management Limited,
ABN 51 122 005 396, AFSL 319738
Level 3
60 Castlereagh Street
Sydney NSW 2000

eToro Service PDS 10 May 2023 33


Table of Contents

Section 1 - Important information about this PDS ....................................................................................... 30


Section 2 - Overview of the eToro Service ..................................................................................................... 32
Section 3 – Key features of the Scheme ......................................................................................................... 33
Section 4 - How we invest your money .......................................................................................................... 37
Section 5 - Significant risks .............................................................................................................................. 38
Section 6 - Operation of the Scheme ............................................................................................................. 42
Section 7 - Reporting to Clients ....................................................................................................................... 45
Section 8 - Fees, charges and costs ................................................................................................................ 46
Section 9 - Taxation .......................................................................................................................................... 49
Section 10 - Responsible entity reporting requirements ............................................................................. 50
Section 11 - How to contribute to your Account ........................................................................................... 54
Section 12 - Glossary ........................................................................................................................................ 54

eToro Service PDS 10 May 2023 34


Section 1 - Important information about this PDS
The Service and this PDS

This document is the eToro Service – Product Disclosure Statement (PDS) dated 10 May 2023,
authorised and issued by eToro Asset Management Limited as the responsible entity of the
registered managed investment scheme called the “eToro Service” ARSN 637 489 466.

This PDS offers interests in the eToro Service ARSN 637 489 466, a scheme that is registered with the
Australian Securities and Investments Commission (ASIC) under the Corporations Act.

eToro Asset Management Limited (referred to in this PDS as “Responsible Entity”, “we”, “our” or
“us”) is Responsible Entity of the registered managed investment scheme called the “eToro Service”
ARSN 637 489 466 (also referred to in this PDS as the "eToro Service" or "Scheme”) and the issuer of
this PDS.

The Service is a digital service. Investors, by applying, agree to receive disclosures, reports and
communications in electronic or other digital form.

Please see the Glossary in Section 12 - of this PDS.

General information only

The information contained in this PDS is general information only and does not take into account
your individual objectives, financial situation, needs or circumstances. You should assess together
with your financial adviser (if any) whether investing through the Scheme is appropriate for you
having regard to your objectives, financial situation, needs and circumstances.

Availability outside Australia

The availability of this PDS in jurisdictions outside Australia may be restricted by law. Persons into
whose possession this PDS comes should inform themselves about and observe any such
restrictions. Failure to comply with the restrictions may violate those laws. The availability of this
PDS outside of Australia or the acceptance of an Application by a person who is, or becomes,
resident outside of Australia does not imply that Responsible Entity is licensed in the relevant
jurisdiction outride of Australia or that this PDS is authorised under the jurisdiction’s laws or complies
with laws applying in that jurisdiction for a comparable disclosure document.

We will make available, upon request (sent by email) and free of charge, this PDS and the Additional
Information Statement by sending an online link to an electronic copy of those documents. You may
contact us using the contact details in the Directory at the end of this PDS.

Additional Information Statement

This PDS discloses the information required for a product disclosure statement. Other important

eToro Service PDS 10 May 2023 35


information which is not required to be in a product disclosure statement may be in an Additional
Information Document (also referred to as the AID). The AID (if any) is not incorporated by reference
into or form part of this PDS.

The information in the AID may change between the time you receive this PDS and the time you
acquire an interest in the Scheme (being the time of establishment of your Account). Please ensure
that you read the AID (if any) which is current as at the time you acquire an Account. You should
consider both this PDS and the AID before deciding to apply for an Account.

Account Terms and rules

The Account Terms are the terms of your agreement to use the eToro Service. From time to time
there may be rules for using the Service, such as the Platform, such as order types. These are not
part of the PDS and may later change in accordance with their provisions. You should consider the
Account Terms and any rules before deciding to apply for an Account.

Updating information

Certain information in this PDS may change. We will notify you of any changes that will have a
materially adverse impact on you or other significant events that affect the information in this PDS
(including by providing you with an online link to further information about the changes).

We may issue a new or supplementary PDS in respect of any changes that have a materially adverse
impact on a retail client’s decisions whether to invest (and provide you with an online link to those
documents).

Current documents, including the PDS and AID (if any) and any other general information relating to
the eToro Service, can be obtained free of charge at any time from the help section of the Platform
or the website at www.etoro.com.au

Not responsible

No associates or subsidiaries of Responsible Entity were involved in the preparation of this PDS or
are responsible for its contents.
eToro entities were involved in the preparation of this PDS and provided consent to the statements
about each of them in the form and context in which they are included; however, no eToro entity is
responsible for the issue of this PDS.

Neither Responsible Entity nor any eToro entity, or any of their associates or subsidiaries, or any
issuer of any underlying investment obtained through the Scheme assures or guarantees the
success of the eToro Service or any particular investment, or the repayment of capital or a particular
rate of return, income or capital.

Neither Responsible Entity nor any eToro entity, or any of their associates or subsidiaries, assures or
guarantees the performance of obligations by any issuer of an underlying investment obtained

eToro Service PDS 10 May 2023 36


through the Service, including the payments due by the issuer of an underlying investment.

By applying for an Account, you confirm that you have received a copy of the current PDS and
Account Terms, that you have read them and agree to be bound by the Account Terms and the
Constitution of the Scheme (each as amended from time to time).

Section 2 - Overview of the eToro Service


eToro group

The eToro group of companies provides a leading international trading platform specialising in
capital market investments, which commenced operations in 2007. For more than a decade, eToro
has been a leader in the global Fintech revolution for retail investment in these investments.

eToro entities are regulated by their respective jurisdiction’s regulators, such ASIC, CySEC and the FCA.
For more information on eToro you can visit www.etoro.com.

eToro Service

the eToro Service (also referred to as the Scheme) gives members of the Scheme (we refer to as
Clients) access to the eToro trading platform which has been licensed to Responsible Entity for the
purposes of the Scheme (Platform). The Platform offers Clients a range of short-term and long-term
investment opportunities including Securities Trading.

Since Clients have different risk-appetites, the Platform offers underlying investments varying from
low to high risk. The Platform tools are easy to use, and information about the Scheme is readily
accessible through the Platform.

Since all trading involves risks, and eToro wants Clients to make smart investment decisions, the
Platform offers a wide range of responsible trading features.

About Responsible Entity

eToro Asset Management Limited is Responsible Entity of the Scheme. As Responsible Entity, we
issue interests in the Scheme, and are legally responsible to the Clients of the Scheme for its
operation.

We have appointed eToro entities to provide services for the Scheme, such as licensing the Platform
to us, execution services for any instructions given to us by Clients by the Platform, custody and from
time to time eToro entities will provide support services to assist us in operating the Scheme.

Copy Trading

The eToro group is an international leader in providing various copy trading services, known as Copy
Trading. This service is not yet available through the eToro Service. This PDS does not cover eToro’s

eToro Service PDS 10 May 2023 37


Copy Trading. We will issue a PDS or supplementary PDS to cover eToro’s Copy Trading services
when available through the eToro Service.

Significant benefits of the Scheme

● Scheme structure: your Account is provided through a registered managed investment


scheme. Australia's financial laws apply to the eToro Service. As Responsible Entity of the
Scheme, we have a legal obligation to act efficiently, honestly and fairly in the provision of
financial services to you and to comply with the Constitution.

● Investment choice and diversification: when you are a Client (a member of the Scheme), you
have access to Securities Trading on the Platform. This PDS does not cover the other asset
classes which are available on the Platform.

● Online convenience: your instructions to perform many of the Transactions described in this
PDS can be submitted online through your Account. The Platform provides easy access to
information and reporting, including on the current valuation of the overall portfolio of
Assets designated to your Account, and Transactions for each of your investments and cash
holdings.

Section 3 – Key features of the Scheme


Nature of the Scheme

The Scheme is a registered managed investment scheme in which each member has a separate
Account. In this PDS members are referred to as Clients. The Client’s interest in the Scheme is their
Account. The Assets of the Scheme are designated to the respective Accounts of Clients.

The Securities Trading is available to Clients who have an Account in the Scheme. Applicants may be
required to provide a suitability assessment before they are allowed to use the eToro Service or any
part of it.

The Assets referable to your Account may be held by the Custodian. Records are kept to designate
which Assets are referrable to each Client. Your Assets are also held separately from the assets of
Responsible Entity. Please be aware of two other important features:

● Assets of all Clients may be aggregated when held by any custodian (or sub-custodian). This
means that all assets held by a custodian (or a sub-custodian) are in an omnibus account.
Responsible Entity is responsible for maintaining the records for the segregated Accounts.

● Fractional investing will be available in selected investments (as approved by Responsible


Entity from time to time).

For example, the minimum investment in a leading global “exchange traded fund” might be too
large for a Client. The Service can allocate a fractional investment in a minimum parcel to more

eToro Service PDS 10 May 2023 38


than one Client, giving each Client an investment that they might not otherwise be able to access.
While each Account is NOT pooled with other Accounts, the investment would be held in an
omnibus account with a custodian (or sub-custodian) on behalf of all Clients who hold a
fractional investment allocation (corresponding to the amount they have invested in that
investment). This might give Clients more investment opportunities and potentially earlier access
to the opportunity.

The key features of the Scheme are summarised in the table below.

Features Explanation

Scheme objective The purpose of the Scheme is to provide investors with access and
exposure to Securities Trading. The Securities Trading service is intended
to be suitable for investors seeking favourable levels of return over the
long term with low levels of volatility.

The Scheme is operated through the Platform and is a digital service


only. By applying for an Account, you agree to receive disclosures,
reports and communications in an electronic format only.

Investment The Scheme offers investment opportunities through the Platform by


Securities Trading.
opportunities
Further information about the investment opportunities in the Scheme
can be found in Section 4 - of this PDS.

Your Account An Account is allocated to a Client after their Application is accepted.


Only Clients who hold an Account may exercise their rights as
members. We do not recognise as members any other person.
You may use your Account to access the Platform and its various
functionalities. Your
Account will contain a record of all Transactions we enter into, or Assets
we hold on your behalf in the Scheme.

Your Account represents the entire relationship between you, as the


Client, and us, Responsible Entity. We may allow you to have separately
designated accounts from time to time. Each is part of your Account.

You do not have an account with any service provider we use, such as an
eToro entity who provides services to us to help operate the Scheme.

Your contributions will remain in your Account until we obtain clear


investment instructions from you, and your selected investments have
been purchased. We may withdraw or otherwise move the funds
designated to your Account in accordance with the Constitution and the
Account Terms, such as when we receive clear instructions from you;

eToro Service PDS 10 May 2023 39


Features Explanation
your selected investments have been purchased and must be paid for;
to pay our fees, charges, expenses taxes (which you owe to
governments) and to reimburse us (in accordance with the Account
Terms).

Ownership of All Assets held within the Scheme, including those held for your
Assets Account, are held in the name of the Custodian (unless we choose to
hold funds in a bank account in our name). Please be aware that
holding investments through an Account may have different features
and risks (as set out in this PDS) that do not arise for investors directly
holding their investments in their own name.

Minimum We may specify minimum Account balances or conditions from time to


transaction and time.
balance
Refer to Section 6 - of this PDS for information about the minimum
requirements
transaction and balance requirements.

Payments and Base Any payments to us can only be made by an electronic fund transfer.
Currency Any amounts we receive prior to opening your Account will be held in
the applications account and will not earn interest.

Deposits and withdrawals can be by electronic funds transfer or


permitted payment gateway providers.
The Base Currency on your Account is US Dollars (USD). If any of your
investments are denominated in a currency other than your Base
Currency, we will convert the relevant amounts to the Base Currency.
This will be at rates we choose and will be subject to a conversion fee.
Fees and costs Further information about fees and costs can be found on Section 6 -
of this PDS.

Valuation An updated valuation of your Account will generally be available on the


Platform and adjusted during the times when the market or exchange
for the relevant Assets is open.

Leverage and The investments we make on your behalf may attract leverage
margin (if restrictions and margin requirements. You owe us the amounts we
applicable)
owe for the investments we make on your behalf. If you are unable to
meet these requirements we may dispose of or close out these
investments without your approval or that may be done by the service
provider (such as broker or clearing house) for your underlying
investments.

We do not make margin calls (i.e. we will not notify you when you are
required to deposit more margin into your Account). It is your sole

eToro Service PDS 10 May 2023 40


Features Explanation
responsibility to monitor the money in your Account against your
potential losses, the margin required, and whether your position is
close to your stop level, as we will not notify you when this happens.

Leverage and The investments we make on your behalf may attract leverage
margin (if restrictions and margin requirements. You owe us the amounts we
applicable)
owe for the investments we make on your behalf. If you are unable to
meet these requirements we may dispose of or close out these
investments without your approval or that may be done by the service
provider (such as broker or clearing house) for your underlying
investments.

We do not make margin calls (i.e. we will not notify you when you are
required to deposit more margin into your Account). It is your sole
responsibility to monitor the money in your Account against your
potential losses, the margin required, and whether your position is
close to your stop level, as we will not notify you when this happens.

Distributions Your Account may be credited with income (including interest income
on cash held in your Account) and dividends from investments through
the Securities Trading service.

Corporate actions The Responsible Entity or Custodian will receive communications relating
to corporate actions affecting the investments held in your Account.
Ordinarily these are on an aggregate basis so they will not be passed
directly onto you. Ordinarily you will not be able to participate in any
corporate actions (which can lead to adverse limitations on your
underlying investments, compared with holding the investments
directly).

In dealing with corporate actions, we will act in the best interests of


Clients in the Scheme as a whole but will not be obliged to consider any
particular Client nor will we be obliged in all cases without fail to act on
any Client’s directions. Our policy regarding corporate actions affecting
securities held in the Scheme is generally that:

● we will adjust your Account to fairly account for distributions


flowing from any distributions and dividends from investments
in shares or ETFs.
● we will generally adopt a neutral position and not vote at
meetings of holders of investments, although we may exercise
our discretion and vote depending on the particular
circumstances; and

eToro Service PDS 10 May 2023 41


Features Explanation

we will deal with other corporate actions using our discretion, and in
consultation with eToro entities.

Withdrawals Generally, you can make withdrawals out of your Account at any time
subject to certain limits in the Constitution, Account Terms, any other
rules. If any of your withdrawals are denominated in a currency
other than your Base Currency, we will convert the relevant
amounts to the withdrawal Currency. This will be at rates we
choose and will be subject to a conversion fee.

If your Account is closed, all surplus funds in it will be sent to you (or, if
you are uncontactable, held and dealt with as unclaimed moneys). You
withdraw from the Scheme when your Account is closed.

Further information about withdrawals can be found on Section 6 - of


this PDS.

Reporting Clients can access reports through the Platform about their investment
through the Scheme. Section 7 - of this PDS describes the specific
reports which we provide to Clients on a regular basis.

eToro Service PDS 10 May 2023 42


Section 4 - How we invest your money
Investment instructions

Through the Platform, we offer you access and exposure to Securities Trading. We invest your money
based on clear investment instructions we receive from you through the Platform. We will only accept
investment instructions from you.

No personal advice is given by Responsible Entity or any eToro entity to you in relation to the
Scheme. You should consult your adviser before applying to become a member of the Scheme (that
is, have an Account) and before you make a selection of any investment.

Dealing in Securities Trading

Dealing in investments for the Scheme will be undertaken by us (including by an eToro entity acting
on our behalf). Dealings may occur on an aggregate, averaged basis across all Accounts within the
Scheme to take advantage of scale and netting opportunities. All investments will be allocated to the
relevant Accounts on a pro rata basis.

Labour standards, environmental, social and ethical considerations

We do not take into account labour standards and environmental, social and ethical considerations
when exercising our discretion to execute your investment instructions, or follow to any particular set
of standards. We may consider general factors such as, but not limited to, labour relations, potential
environment impacts and whether a target company has clearly defined code of conduct and ethics
policies.

Investment opportunities

Securities Trading

We offer Securities Trading services which allow Clients to invest in securities and other financial
products (without leverage) through the Platform across a range of asset classes, including shares
and ETFs:

● Shares: you may deal in shares through the Platform by opening a buy (long), non-
leveraged position, which means you are dealing in the underlying asset, and the shares are
held by our Custodian on your behalf.

● Exchange-Traded Fund (ETF): this is a financial product comprising several assets grouped
together to serve as one tradable financial product (sometimes an interest in a fund,
sometimes a right more similar to a share with limited rights). Investing in ETFs by opening a
buy (long), non-leveraged position, means you are investing in the underlying asset, and the
ETF is purchased and held by our Custodian on your behalf.

eToro Service PDS 10 May 2023 43


We invest in these types of securities on your behalf based on your instructions to us. It is important
to understand that the Scheme is not an IDPS. While we will generally seek to comply with your
investment instructions, we have the power to delay or to decline your instructions to us and we
decide which investments are available through the Scheme. This means that investment
instructions given by you might not always be actioned. Refer to Section 6 - of this PDS for further
information about our discretions.

Entering into Transactions

The Platform displays indicative prices or quotes to buy or sell securities. We have appointed an
eToro entity to set the (bid and ask) prices of the securities which can be traded on the Platform.
This means that our quotes will be different from the prices provided by brokers, the market price,
as well as the current prices on any exchanges or other trading platforms. We currently do not
charge execution fees, so to compare the total cost of using the eToro Service you should compare
all of the features and fees, charges and costs with all of the features and fees, charges and costs of
services by brokers and other intermediaries.

When you use our Securities Trading services, we will execute Transactions based on your
instructions as soon as reasonably practicable. An eToro entity will execute the Transactions on our
behalf and may from time to time use one or more brokers in the execution process. We too may
choose one or more eToro entities, depending on their respective jurisdictions and investments
which you choose.

Settlement

Your security investments will settle in accordance with local markets. We cannot guarantee that
your execution price will match your order price. We are not liable for any losses, costs or expenses
that you suffer as a result of any delay or change in market conditions either before a Transaction Is
executed, or before a Transaction settles.

All settled Transactions are recorded on your Account and held in the name of our Custodian.

Default before settlement

In the unlikely case that we, an eToro entity or a broker used by them becomes insolvent or commits
another kind of default under their respective agreements, it is possible that settlement of your
Transaction does not occur (because of the provisions relating to that default or due to the rules of
any relevant exchange). In that case the transfer will not be completed so legal title to the
investments will not be obtained by anyone acting on your behalf and you will not get any beneficial
interest in the Transaction's intended underlying investments. This may be the case even if the
securities which you have bought are shown as available in your Account. In these circumstances,
you will be entitled to the amount that you paid for the securities.

eToro Service PDS 10 May 2023 44


Section 5 - Significant risks
Before you make an investment decision, it is important to identify your investment objectives and
the level of risk which you are prepared to accept. This may be influenced by factors such as:

● The timeframe over which you are expecting a return on your investment and your need for
regular income versus longer-term capital growth.

● Your level of comfort with volatility in returns.

● The general and specific risks associated with particular investments.

● Risks associated with the structure through which your investments are made.

As such, it may be important for you to obtain personal advice about your financial circumstances
and needs, as well as the suitability of the Scheme and the investments for you, before you apply to
join the Scheme.

Risk Explanation

Scheme risk There are risks particular to investing in the Scheme including that the
Scheme could be terminated, fees and charges could change (including
increases and additional fees, charges and costs), Responsible Entity could
be changed, the investments offered by the Scheme could be closed or
changed.

The Service is governed by the laws for registered managed investment


schemes and the Constitution, each of which may be amended from time
to time.

Investing Investing though your Account has benefits and risks. The significant risks
through the include the risk that Responsible Entity (including by its agents) does not
Scheme comply with the laws, the Constitution or your permissible instructions.

We use a Custodian which means that the investments referable to your


Account are held in the name of the Custodian. This gives the custody risk
that the custody may be lost, or not settled in the ordinary course, or there
may be errors in allocating investments to your Account.

Investment opportunities may be available because the Custodian is the


legal owner of investments held for your Account. This includes offers only
to wholesale clients (and not also beneficially for retail clients). The
requirements by the offeror for those investment opportunities may differ
and may later change, giving the risks that not all investments may be taken

eToro Service PDS 10 May 2023 45


Risk Explanation

up, or held, by Responsible Entity.

The wholesale client status of the Custodian may significantly affect the
terms on which financial services or financial products are made available
to the Custodian. For example, shareholder and other corporate benefits
available to registered
shareholders might not be directly passed through to each Client’s Account,
since the Custodian will be the sole registered legal owner of the
investments giving rise to those shareholder benefits.
Similarly, by reason of Responsible Entity being classed as a wholesale
client, other providers of financial services or financial products may
manage their services or deliver products to Responsible Entity, without
documents and client protections for retail clients, so members of the
Service will only have the benefit of Responsible Entity being treated as a
wholesale client in respect of their investments. For example, pre-IPO
offers, rights issues, OTC derivatives, and overseas offers might not have a
regulated product disclosure document or, if they do, might deal with client
moneys (sourced from members, invested in their Account and paid by
Responsible Entity to the other financial services licensee) as client moneys
of a wholesale client (and so not have the protections given to retail client
trust moneys). This has the risk that Clients of the Scheme, while having the
benefit of the opportunity to invest in those opportunities, also do not have
the benefit of retail client disclosures and laws protecting them if they were
directly investing as retail clients.
If possible, Responsible Entity will make available the disclosure documents
of the other financial services provider (including by providing an online link
to where the documents are available).

General risks All investments have an inherent level of risk. Generally there is a trade-off
between higher expected returns for higher expected risk represented by
the variability of investment returns. Investment risk may also result in loss
of income or capital invested and possible delays in repayment. Clients could
receive less than they initially invested and there is no guarantee that they
will receive any return from their investment through the Scheme.

eToro Service PDS 10 May 2023 46


Risk Explanation

Portfolio Clients may invest in speculative investments with increased levels of


investment risk investment risk. The value of the Client’s Account in the Scheme may fall or
fluctuate widely which will affect the portfolio of Assets designated to that
Account. Changes in economic, political or market conditions or the
regulatory environment may adversely impact the portfolio of investments.
In addition, other factors may affect particular investments (i.e., interest
rates, exchange rates) and consequently the value of the portfolio of Assets
may fall.

Securities All financial products carry risk, and even trading non-complex products,
Trading risk such as securities, will have a degree of uncertainty. The securities markets
can be volatile, which means the prices of the securities can change rapidly
and be unpredictable.

Scheme The Responsible Entity (including by its agents) may in its discretion do a
operations number of things in the operation of the Scheme, without notice to Clients
and in some cases without taking into consideration the specific issues,
benefits or risks to each specific Client. The Responsible Entity may do this
in its discretion (subject to the Account Terms and the Constitution). This
includes ending arrangements for trading platforms or access to it by any
Client, terminating access to any dealer, product issuer, offering or market
at any time, changing (including limiting) minimum balances or restricting
access to product types.

Regulatory risk This is the risk that a government or regulator may change the laws or
expectations for accessing investment opportunities, the Scheme or any
other decision which affects the value of investments held in the Scheme.
This includes changes that affect the product issuer, the treatment of
Responsible Entity as a wholesale client for accessing OTC derivatives by a
change in tax or tax administration.

Market risk Economic, technological, political or legislative conditions and even market
sentiment can (and do) change and this can mean that changes in the value
of investments in markets can affect the value of investments in an
Account.

Liquidity Risk Liquidity risk is the difficulty in realising investments held in an Account.
While this is not a direct risk of the Scheme, the use of the Scheme might
have delays or reliance on the personnel of Responsible Entity or of its
agents which add to the risk of non- performance or delays.

eToro Service PDS 10 May 2023 47


Risk Explanation

Derivative risk A range of financial derivatives, for example foreign exchange contracts,
futures and options, may be used to implement investment decisions and
to manage risk in an Account in the Scheme. An investment in derivatives is
a sophisticated financial product and can cause a portfolio to make gains or
incur losses that are large in proportion to the money invested in them.
Derivative Transactions may also involve the risk (including credit risk) that
the counterparty on a Transaction will be unable to honour its financial
obligation to Responsible Entity with respect to derivatives held on behalf of
a Client. While Responsible Entity will be directly responsible to the issuer
of the OTC derivative, Responsible Entity holds OTC derivatives referable to
the Client's Account beneficially for the Client. The Client will be fully
responsible to Responsible Entity for all shortfalls and other obligations
rising from Responsible Entity (or eToro acting on its behalf) trading in
those for the Account of the Client. The member may better manage this
risk by fully understanding the OTC derivative, including by reading the
disclosure documents from the issuer, as made available by Responsible
Entity.

Foreign Since the Base Currency of your Account is USD, you are responsible for the
exchange foreign currency exchange risk arising from any conversion of money to or
exposure from USD in or out of your Account. We set the current exchange rates for
any conversions performed. These can differ from any other rates you
think you can access.

Counterparty This risk is the risk that a counterparty in an underlying investment does
risk not meet its contractual obligations. This risk can be managed to some
extent by choosing to deal with counterparties with superior risk profiles,
based on available information and in foreseeable market conditions. You
rely on Responsible Entity to interact with counterparty to investments held
for your Account, but Responsible Entity does not take responsibility for
guaranteeing the solvency or performance of the counterparty.

Other discretion The Scheme vests certain discretion with Responsible Entity, including in
risks the operational implementation of investment, adjustments following
corporate actions, the timing of Transactions, and how to dispose of
investments for termination of the Account.

The timing of cash contributions may not result in investment in portfolio


securities until a later rebalance occurs. This can mean a Client's Account
could be adversely or profitably affected before rebalancing takes place.

eToro Service PDS 10 May 2023 48


Risk Explanation

The decision to exercise discretions, or not to exercise them, can adversely


or profitably affect the value of the investments in the Account and
therefore also the investment returns. Investors have no recourse to
Responsible Entity or eToro if discretions are properly exercised in
accordance with the Account Terms, Constitution and applicable law.

eToro Service PDS 10 May 2023 49


Section 6 - Operation of the Scheme
Minimum application

We retain the discretion to reject Applications. There is no minimum investment to the Accounts.

Cooling off

There is no cooling off arrangement for the Scheme or for investments made through the Scheme.
This means that you do not have the right to request a refund of the money paid to acquire an
investment through the Scheme. If you change your mind after making a Transaction which is held
an Account, you must close your investment, pay any Transaction costs and take the risk of incurring
a loss in doing so. You can withdraw from your Account at any time any credit balance in your
Account. You can at any time request (in writing) to close your Account. Your positions will be closed,
then your Account will be closed and any surplus will be sent to you.

Selecting investments

We accept no liability or responsibility for any advice given to you by your financial adviser for
investing through the Scheme.

After your Account is established, you send payment as per instructions available at the time. The net
amount which you pay will be credited to your Account, ready for paying for investments which you
choose. We may also accept your instructions to us whereby an eToro entity with whom you have an
account will pay us on your behalf. You select investments and give us instructions to deal in them
on the Platform.

Minimum Withdrawal Amount

The current minimum withdrawal amount is $30.

(If your Account is closed, all of any surplus will be paid to you to satisfy your withdrawal from the
Scheme.)

Our discretions

Our discretions are vested by the Constitution and are in further detail in the Account Terms. You do
not have any power to direct how we exercise our discretions.

When exercising our discretions, we have a legal obligation under our Australian financial services
licence to act efficiently, honestly and fairly. We may have regard to our policies and to managing all
risks (including financial, credit and legal risks) for ourselves and all of our Clients, our obligations to
our counterparties, market conditions and our reputation. We will try to act reasonably in exercising
our discretions, but we are not obliged to act in your best interests or to avoid or to minimise a loss
in your Account.

eToro Service PDS 10 May 2023 50


Our significant discretions include:

● whether to accept your investment instructions;

● to vary the timing for executing your instructions (to allow for efficient Transaction execution,
and manage the fairest and most efficient aggregation of Transactions across all Accounts
so no Client is unfairly materially adversely disadvantaged over time);

● any suspensions, halts or limits we impose on your Account; and

● determining margin requirements for your Account (if applicable).

You should consider the significant risks that arise from Responsible Entity exercising its

discretions. Our other discretions include:

● setting our fees;

● setting foreign exchange conversion rates;

● opening and closing your Account;

● giving you a grace period for full compliance in paying by cleared funds any amount you owe; and

● interpretation, variation and application of our policies.

Reporting

Clients have online access to their Account in order to view the investments, Transaction history, and
fees and charges on their Account. We will also provide any reports required by law.

Applications will only be accepted from persons who agree to receive reporting electronically.

Withdrawing your funds

You will normally be able to withdraw funds on any Business Day and requests will be complied with
promptly, subject to any requirements of the law and as set out below.

All withdrawal instructions must be given to us in an approved form and content by the cut-off each
Business Day.

This is normally 10:00 a.m. (Sydney time), but we can change that deadline in individual cases owing
to market conditions (especially if your portfolio includes stock traded on overseas exchanges). Once you
give a withdrawal instruction, you cannot revoke the instruction unless we give our approval.

Withdrawal of funds from the Scheme can be made in cash (to your nominated bank account). If
the Account is geared, there may be restrictions on withdrawals of investments, depending on the
level of gearing.

eToro Service PDS 10 May 2023 51


To withdraw from the Scheme, all of your Account positions must be closed, then the Account is
closed and the surplus is sent to you.

Method of paying withdrawn funds

Cash withdrawals will be paid using the last available payment method that you used to send funds to
your Account. Any instruction to withdraw to an alternative payment method must be in writing and
signed by you. We may accept it, but only after we are satisfied that the alternative payment method
belongs to you.

We will try to close out or to sell your investments to pay a withdrawal request generally within the
next Business Day or as soon as practicable, following our acceptance of your withdrawal request.

You generally can expect cash to be available within 10 Business Days of our receipt of a satisfactory
withdrawal request. This cannot be guaranteed since there may be delays depending on liquidity of
Assets, market and other factors beyond our control.

Suspension of withdrawals

In unusual circumstances, such as the closure or disruption of a relevant securities exchange, we


may suspend withdrawal from Accounts for the period that these circumstances prevail.

Compliance Committee

We have established a Compliance Committee to oversee the operations of the Scheme and to
monitor compliance with the Compliance Plan. The Compliance Committee is required to report
breaches of the Constitution and the Corporations Act to the directors of Responsible Entity and in
some circumstances to ASIC.

Monitoring your investment

You may access your Account information 24 hours a day, seven days a week through the Platform
(subject to maintenance and emergency disruptions). This is a secured online service that provides
access to access to up-to- date information about your underlying investments, including your
Account balance and Transaction history.

At any time, you may request a Transaction statement for your Account that shows either all
Transactions since your last regular statement or all Transactions for a specific period. We
recommend that you check all statements and Transaction confirmations carefully. If there are any
discrepancies, please contact us or your financial adviser.

Copies of any documents we lodge with the ASIC in relation to the Scheme may be obtained from, or
inspected at, an ASIC office.

Keeping us informed

eToro Service PDS 10 May 2023 52


Our records about you are important. Please inform us in writing of any change to the personal
details that you have given us. This may be a new email or postal address, a change of name or new
bank account details. We will send you written confirmation of any changes that you request us to
make to your personal details.

What happens if you choose not to disclose certain information?

If you choose not to disclose certain information, the following may apply:

● Account details: we will not be able to pay withdrawal proceeds or income distributions to you.

● Tax residency information: we may not be able to process your request, or we may be
required to notify the ATO or other tax authority or to withhold amounts and pay them to
meet tax withholding obligations.

● Incomplete Application Form: unless otherwise agreed, we will not be able to process your
investment request. If you do not provide all relevant identity verification documents, we
will not be able to process your investment request.

Section 7 - Reporting to Clients


Statutory reporting for the Scheme consists of electronic reports available on the Platform.
Applications will only be accepted from persons who agree to receive reporting electronically.

The following reports are made available to Clients in an electronic form:

Portfolio Valuation

This is updated and available on the Platform on a daily basis, and provides you with the total
market value of your portfolio.

Trading Summary

This is available online on a daily basis, and provides a summary of all Transactions.

Expense Reporting

A list of all expenses including portfolio fees, and interest if gearing has been selected.

Important: The reports mentioned above are subject to availability and, at some times Account
information may be out of date pending, for example, completion of a trade, or due to a lag in the
time that a change to your Account is reported electronically.

Confirmations of deposits and withdrawals

By completing the Application Form, you agree that confirmation of acceptance of deposits and
withdrawals involving your Account will be provided to you electronically by means of your Account

eToro Service PDS 10 May 2023 53


which you access online through the Platform.

Scheme financial information

A copy of the auditor’s report for the Scheme will generally be available and published the website
www.etoro.com.au by the end of September each year (or soon after). This report will provide
consolidated information and will not contain any information particular to an individual Client’s
Account. Individual Accounts are not audited. We will provide a copy of this report, or an online link
to it, to you by your email or other electronic address notified in your Application (or as alter advised
and accepted by us).

Section 8 - Fees, charges and costs

Consumer advisory warning


DID YOU KNOW?
Small differences in both investment performance and fees and costs can have a substantial
impact on your long term returns.
You should consider whether features such as superior investment performance or the
provision of better member services justify higher fees and costs.
TO FIND OUT MORE
If you would like to find out more, or see the impact of the fees based on your own circumstances,
the Australian Securities and Investments Commission (ASIC) website (www.moneysmart.gov.au)

This document shows fees, charges and other costs that you may be charged in respect of your
Account. These fees, charges and costs may be deducted from your Account and so reduce the
returns on your investments held in your Account. You should read all the information about fees
and costs because it is important to understand their impact on your investments. Once again, we
urge you to obtain professional financial advice regarding the features and characteristics of the
Scheme and how they may impact you.

Unless otherwise stated, all fees in this PDS are in United States dollars (USD) and are exclusive
of GST.

TYPE OF FEE OR COST


AMOUNT HOW AND WHEN PAID
FOR YOUR ACCOUNT

Establishment fee Nil Not applicable

The fee to open your Account

Contribution fee Nil Not applicable

The fee on each amount


contributed to your Account

eToro Service PDS 10 May 2023 54


Withdrawal fee Nil Not applicable

The fee for withdrawing


from the Scheme (i.e.,
Account closure)

Management costs

Account Management Fee Nil Not applicable

Performance Fee Nil for an Account Not applicable

The above table is for fees, charges and costs for having and closing your Account. Please see below
for an additional explanation of fees, charges and costs on Transactions and related services
for your Account.
Please note this is an example for illustrative purposes only. Additional fees and costs will be charged
depending on the investments that you decide to invest in.

EXAMPLE $50,000 investment made at the beginning of the year with a


contribution of $10,000 during the year with no withdrawal

Establishment Fee Nil

Contribution fee Nil

Withdrawal fee Nil

Termination fee Nil

PLUS

Account Management Nil


Fee

EQUALS Nil We will not charge any fees to


establish or maintain an
Cost of Service Account in the Scheme.
Separately, your Account will be
impacted by other fees,
charges and costs in relation to
[payments and investments,
depending on your investments
on the Platform through the
Scheme. Please refer to the
'Additional explanation of fees
and costs' and the link below
which provides a detailed list of

eToro Service PDS 10 May 2023 55


applicable fees, charges and
costs:
http://www.etoro.com/en/customer-
service/fees/

Additional explanation of fees, charges and costs

Transactional charges

Transaction charges cover the costs of buying and selling investments in your Account, and are made
up primarily of brokerage payable in respect to sale and purchase Transactions, but may also,
depending on the jurisdiction in which those Transactions are effected, include Government taxes,
bank charges and stamp duty (if any). These costs are incurred when Transactions are effected.

We will not charge any Transaction fee, charge or cost unless notice is given of that. Any government
tax or charge or exchange fee will be charged to your Account.

Payment withdrawal charges.

We will charge you $5 for payments made for withdrawals from your Account. Please access the link
below which provides a detailed list of the current applicable fees, charges and costs:
http://www.etoro.com/en/customer- service/fees/

Other applicable fees, charges and costs

You may be charged (to your Account or directly to you) other applicable fees, charges and costs
depending on your investments on the Platform through the Scheme. These include:

● Payment transfer fees – we may charge you a transfer fee if you pay money into your Account
and your payment method charges us a fee, for example a payment transfer or a payment
processing fee. We may also charge a transfer fee if we return any money which comes in
from a payment method that is not in your name, and we are charged a fee for returning
your money. We may deduct an amount equal to that fee from the money which we are
returning.

● Conversion fees – Since the Base Currency of your Account is USD, if we need to convert your
money to or from USD in or out of your Account we may charge you a conversion fee.

eToro Service PDS 10 May 2023 56


● Inactivity fees – we may charge you a monthly inactivity fee, if there has been no investment
activity on your Account for at least 12 months.

Other fees may also apply to your specific investments. For more information on the above fees and
charges relating to your investments through the Scheme, and worked examples demonstrating
how these fees may apply to you can be found on the website: http://www.etoro.com/en/customer-
service/fees/.

Is Spread a fee, charge or cost?

No. The spread is the difference between the bid and ask (or the “sell and buy”) price. This is not a
separate fee, charge or cost to you. The spread reflects the conditions and at the time of reporting
them to you. The prices change, often quickly and with greater variation (that is, the spread can
move and widen or narrow). If the price at which you sell your investment is less than the price at
which you bought the investment plus taking into account any other fees, charges or costs on your
payment and investment, you will loose on your investment. You should therefore consider that
movements in the spread will impact the availability of any net profit when your positions are closed
out.

Taxes

We may deduct applicable taxes from your Account.

Can fees and charges change?

All fees and charges can change.

The Constitution sets the maximum fees we are entitled to charge. The Constitution restricts
Responsible Entity to receive and retain for its own use out of the Account an account management
fee of up to a maximum of 2% of the gross asset value of the Account at the end of the month.

The fees currently applicable to your investment are set out in this PDS. Although we have the right to
change our fee structure, we have no present intention to do so. If we do change our fee structure we
will provide you with a minimum of 30 days’ notice of any increase. We can notify you by posting the
information on our website, by email or referring to these changes in your Account.

Individual fee arrangements

We may also individually negotiate fees with investors classed as “wholesale” or “professional”
investors on the basis of the value of their investments. We may also offer reduced fees to
employees of Responsible Entity and its related bodies corporate. We cannot enter into individual
fee arrangements with other investors.

Interest on Application Moneys

If for any reason your Application to participate in the Scheme is not immediately accepted when

eToro Service PDS 10 May 2023 57


your application money is received, your Application money will be placed into a bank account until it
is transferred to your Account. We retain any interest paid on this bank account, even if the
investment does not proceed for whatever reason, to cover the costs associated with maintaining it
and for administrative convenience.

Section 9 - Taxation
Taxation law is complex, and its application will depend upon your individual circumstances. The
information we provide should be used as a guide only and does not does not constitute
professional taxation advice. We recommend that you obtain your own professional advice
regarding your tax position with respect to your investment through the Scheme.

Taxation of the Scheme

The Scheme is not taxed since all investments are beneficially held by Clients directly in their separate
Accounts. You have a vested and indefeasible interest in your Assets held through the Scheme.

All net income and gains (or losses) on investments and other Assets in your Account accrue directly
to you. You will generally be required to include in your assessable income your income from the
Scheme. There may be instances where your taxable income from the Scheme exceeds the
distribution you receive from the Scheme.

Tax on Income for Australian Clients

Depending on the types of investments made, your Account can derive income in the form of
dividends, interest, gains on the disposal of investments and other types of income. Generally, such
income is taxable, but tax credits (for example, franking credits or foreign tax credits) may be
available to offset part or all of any resulting tax liability.

If you receive franking credits your entitlement to use those credits to offset tax or obtain a refund
of tax may be affected by your holding of the underlying shares which resulted in the credits.
Generally speaking you must hold the relevant shares at risk for more than 45 days (90 days for
preference shares) to be entitled to the credit. There are exceptions to this rule, and you should
consult your tax adviser for further information.

Tax on Capital Gains for Australian Clients

The disposal of investments in your Account may give rise to a capital gain or loss. These disposals
may be triggered by an investment instruction, a rebalancing of your Account, or your withdrawals
from the Scheme.

Providing your Tax File Number

The Application Form requires you to quote your Tax File Number (TFN), TFN exemption or
Australian Business Number (ABN). If you choose not to do so, we have to deduct tax at the highest
marginal tax rate plus any relevant Government levies (including the Medicare levy) from any

eToro Service PDS 10 May 2023 58


income we received on your behalf.

Goods and Services Tax

Goods and Services Tax (GST) may apply to the Scheme or your investment. Unless otherwise stated,
all fees and costs incurred in the operation of the Scheme are quoted inclusive of any GST.

Section 10 - Responsible entity reporting requirements


The Scheme is not currently a disclosing entity as defined under the Corporations Act. If it were to
become a disclosing entity during the currency of this PDS, the Scheme would be subject to
additional regular reporting and disclosure obligations. Copies of documents lodged with ASIC to
comply with these requirements may be obtained from, or inspected at, an ASIC office.

You have a right to request a copy of the Scheme’s half yearly financial report and any continuous
disclosure notices lodged with ASIC, in addition to the annual audited financial accounts for the
Scheme.

Our legal relationship with you

We hold an Australian Financial Services Licence which authorises us to operate the Scheme.

We can retire as Responsible Entity on 30 days’ notice or we can be removed in accordance with the
Corporations
Act.

Constitution

Our responsibilities and obligations as Responsible Entity of the Scheme are governed by the
Constitution, as well as the Corporations Act and general trust law.

Under the Constitution, a Client has the beneficial interest in the Assets held for their Account. The
legal interest is held by us or, if we use a Custodian, our Custodian.

You may obtain a copy of the Constitution free of charge by requesting a copy from us.

The Constitution contains a number of provisions relating to the rights, terms, conditions and
obligations imposed on both Clients and us, including a provision that Clients and all persons
claiming through them are bound by the terms of the Constitution.

The main provisions which relate to your rights under the Constitution include:

● your entitlement to the Assets and cash credited to your Account;

● your right to withdraw from the Scheme;

● your entitlements upon withdrawal or winding up of the Scheme;

eToro Service PDS 10 May 2023 59


● your rights to attend and vote at meetings of the Scheme;

● our ability to restrict you from transferring or registering security interests (such as
mortgages) over your Account. There are also provisions governing our powers and duties.
These provisions set out:

● the circumstances in which the Scheme can be terminated, including the termination date
which is 80 years less one day after the Scheme is established unless terminated earlier. We
can terminate the Scheme by giving the notice required by the Constitution. If we do, you
receive the investments in your Account (or their cash equivalent) less any expenses
attributable to your Account and your pro rata share of the Scheme expenses;

● our right to be paid by, or receive a benefit from, an incoming Responsible Entity, and not
be required to account to Clients for such payment or benefit;

● when we can amend the Constitution (generally we can only amend the Constitution if we
reasonably believe that the changes will not adversely affect your rights as a Client;
otherwise, the Constitution can only be amended if approved by special resolution at a
meeting of the Clients);

● our right to refuse to accept Applications to participate in the Scheme;

● our right to determine minimum application, withdrawal and holding amounts and powers
in support of these minima;

● our ability to terminate your participation in the Scheme if you breach any terms and
conditions of the eToro Constitution or your Account Terms;

● our right to deduct amounts you owe us from your Account;

● your right to give us instructions. It is important to understand that the Scheme is not an
IDPS and, while we will generally seek to comply with your investment instructions, we
maintain the right and power to determine which investments may be available for you to
invest in on your behalf through the Scheme; and

● our broad powers including to act on properly authorised instructions, invest, and generally
manage the Scheme. Our powers to credit your Account with:

● all moneys you pay into the Scheme;

● all other moneys and assets that we receive from you or on your behalf in relation to your
Account;

● any investments acquired on your behalf in relation to your Account; and

● such other amounts and assets that we determine to be appropriate to credit to the

eToro Service PDS 10 May 2023 60


Account. Our powers to debit your Account with:

● all moneys paid out to you;

● any moneys required to settle an investment Transaction for you;

● any moneys required for the payment of fees, charges, expenses and taxes associated with
your Account or instructions;

● any Assets disposed of on your behalf; and

● such other amounts as we determine to be appropriate to debit to the Account.

The Constitution provides that Responsible Entity is indemnified for all expenses and liabilities we
incur in relation to your Account in the proper performance of our duties under the Constitution. All
liabilities, which in our opinion are attributable to you or your Account, are to be satisfied from
either or both of the following:

● from your Account; and

● from you by invoice.

The Constitution also deals with our liabilities in relation to the Scheme for example, subject to the
Corporations Act:

● we are not liable to Clients for any loss provided we did not act negligently or we believed
we acted in good faith in accordance with the law and the Constitution; and

● our directors and officers are not liable to a Client or any other person in connection with
the office of Responsible Entity, trustee, or director or officer of Responsible Entity.

Compliance Plan

We have lodged a Compliance Plan for the Scheme with ASIC. The Compliance Plan sets out the
measures we will take to ensure we comply with the Corporations Act and the Constitution for the
Scheme.

To oversee compliance with the Compliance Plan, we have established a Compliance Committee.
The Compliance Committee is required to report breaches of the Constitution and the Corporations
Act to the directors of Responsible Entity and in some circumstances to ASIC.

The Compliance Plan may be altered from time to time in our discretion. The Scheme and the
Compliance Plan are required to be audited annually.

Other parties

Clients have a beneficial interest in the Assets held in their Account. We have engaged a Custodian to

eToro Service PDS 10 May 2023 61


hold the legal title

to Assets of the Scheme. The Custodian will hold the assets in accordance with the standards and
legal obligations which apply to it.

The Scheme has a registered company auditor. The auditor’s role is to provide an audit of the
financial statements of the Scheme each year, as well as performing a half-yearly review (if
required), and to provide an opinion on the financial statements.

Insurance

The Responsible Entity has professional indemnity insurance in place to cover a variety of different
risks, some of which may assist in the repayment of deficits arising if there is fraudulent activity by
one of our employees, directors or authorised representatives that results in your money being used
in fraudulent activities.

Enquiries and disputes

If you have a query, complaint or dispute, please contact eToro Service who may be able to deal it in
the first instance on your behalf.

If you have a complaint that is not, or cannot be, resolved by eToro Service, you can contact the
Responsible Entity using the contact details provided in the directory section of this PDS.

Please provide us with all information relevant to the complaint that is in your possession or control.
We will acknowledge receipt of the complaint as soon as practicable but in any event within 5 days
of its receipt.

We will deal with any complaint and respond to you as soon as practicable and may ask you for
further information that we think is necessary to enable us to properly consider the complaint. Your
complaint will generally be dealt with within 45 Business Days after receiving the complaint.

If your complaint is not dealt with to your satisfaction within this timeframe, you may refer your
complaint to the Australian Financial Complaints Authority (AFCA), an approved external dispute
resolution scheme, of which Responsible Entity is a member.

AFCA’s contact details are:

Website: www.afca.org.au

Email: info@afca.org.au

Telephone: 1800 931 678 (free call)

In writing to: Australian Financial Complaints Authority, GPO Box 3, Melbourne VIC 3001

Anti-Money laundering

eToro Service PDS 10 May 2023 62


To comply with Australia's anti-money laundering and counter terrorism financing laws (AML laws),
we will undertake appropriate identification and verification processes on Applicants for the
Scheme, which may include the identification of underlying beneficial owner(s). We may delay or
refuse to accept an Application (and return any money received with the Application without interest)
from an Applicant who delays or fails to produce any information we request for verification
purposes, or if we are concerned that the Application may breach any obligation of, or cause us to
commit or participate in an offence under the AML laws – we will incur no liability to you if we do so.

Your Application Form will not be accepted or processed until all required information has been
received to our satisfaction (including any additional information that may be requested) and we are
satisfied all client identification procedures have been completed and our obligations under the AML
laws have been complied with. We may also require you to provide additional information and
identification documents to those listed in the Application Form, for example, if you nominate a
foreign bank account in your Application Form. This may include, but is not limited to the following
information:

● for an individual - any maiden name or former name;

● for an individual - countries of citizenship and residence;

● for an individual - occupation and employer or business activity; and

● for all types of investors - source of funds and beneficial ownership.

By applying to open an Account:

● you warrant that you are not aware and have no reason to suspect that:

● the monies used to fund your investment have been or will be derived from or related to
any money laundering, terrorism financing or other illegal activities, whether prohibited
under Australian law, international law or convention or by agreement as illegal activity; or

● the proceeds of your investment will be used to finance any illegal activities; and

● you warrant that you are not a 'politically exposed' person or organisation for the purposes
of any AML laws; and

● you undertake that you or your agent will provide us with all additional information and
assistance that we request in order to comply with our obligations under any AML laws.

Privacy

The information requested on the Application Form is used by us for the primary purpose of
establishing and administering your Account. We may be unable to process your Application or
operate your Account without this information. Our Privacy Policy detailing our handling of personal

eToro Service PDS 10 May 2023 63


information is available upon request. You may request access to the information held by us about
you and your investments, and we ask that you advise us of any changes to such information you
may have provided.

We may disclose your information to external parties who act on our behalf in the operation of the
Scheme from time to time. We may also disclose your information to external parties on your behalf,
such as your financial adviser.

Our Privacy Policy can be found on https://www.etoro.com/customer-service/privacy/ and a hard


copy is available upon request. You may contact eToro Service if you wish to update or request
access to your information or if you have any queries regarding our Privacy Policy.

Section 11 - How to contribute to your Account


To make an investment through the Scheme and open your Account, you must complete the
Application Form which can be obtained from https://www.etoro.com/accounts/sign-up. Cash
deposits involving your Account will be provided to you electronically by means of your Account
which you access online through the Platform. Any amounts we receive prior to opening your
Account will be held in our applications account and will not earn interest.

Section 12 - Glossary
$ and USD means United States dollars.

ABN means the Australian Business Number.

Account means an interest in the Scheme which is the account service provided through the Scheme.

Account Terms means the terms of the agreement governing our relationship with you in relation to
your account(s) held in the Scheme.

Additional Information Statement or AID means the statement or statements about the Platform
or in relation to the Scheme which does not need to be in this PDS (including not incorporated by
reference in this PDS).

AFCA means the Australian Financial Complaints Authority.

Application means the application made in the Application Form to have an Account on the Account
Terms.

ASIC means the Australian Securities and Investments Commission.

Assets means any underlying investments (including, derivative financial products), income or cash
contributions that are referable to a Client's Account in the Scheme.

ATO means the Australian Taxation Office.

eToro Service PDS 10 May 2023 64


Base Currency means the nominated currency which is US Dollars (USD) for your Account in the Scheme.

Business Day means any day (except Saturdays and Sundays) on which banks in Sydney, Australia
are open for normal banking business.

Client means a member of the Scheme by reference only to the registered name of the Account,
subject to any law which extends that meaning.

Compliance Plan means the compliance program of the Scheme which we are required by law to
establish and to maintain.

Copy Trading means a service offered through the Scheme by which Clients instruct us to copy the
trades of other Traders on the Platform. (This is not yet available.)

Corporations Act means the Corporations Act 2001 (Commonwealth).

Custodian means any custodian appointed from time to time by Responsible Entity.

CySec means the Cyprus Securities and Exchange Commission.

ETFs means exchange traded funds which are financial products.

eToro entity means any company in the eToro group.

FCA means the Financial Conduct Authority.

GST means Goods and Services Tax as defined in A New Tax System (Goods and Services Tax)
Act 1999 (Commonwealth).

IDPS means an investor directed portfolio service as defined in ASIC Legislative Instrument [CO 13/373].

NAV means the net asset value of the investments held in your Account as determined in accordance
with the Constitution.

OTC means “over-the-counter”, in contrast with traded on a regulated exchange.

PDS means this Product Disclosure Statement as amended from time, including any supplementary
disclosure documents.

Platform means the electronic facility provided by us to Client for Client mainly to access information
about their Account, to give instructions and to facilitate payments by and to Client in relation to their
Account.

Scheme or eToro Service means the registered managed investment scheme, eToro Service ARSN 637
489 466.

eToro Service PDS 10 May 2023 65


Securities Trading means a service offered through the Scheme where you can instruct us to trade in
securities through the Platform.

TFN means the Tax File Number of an applicant or Client of the Scheme.

Transaction means any transactions or orders with respect to an underlying investment which we

may execute through the Platform on your behalf in accordance with the instructions we receive

from you.

USD refers to any amount denominated in US dollars.

Directory
eToro Service:
General enquiries: 1800 778 439
Email enquiries:
info@etoro.com.au

Responsible Entity and Issuer


eToro Asset Management Limited, ABN 51 122 005 396, AFSL 319738
Level 3
60 Castlereagh Street
Sydney NSW 2000
Telephone: 1-800 778 439
Email: info@etoro.com.au, or through our website at www.etoro.com

Custodian
eToro (Europe) Ltd
4 Profiti Ilia Street, Germasogeia, Limassol, Cyprus.

Auditor of the Scheme


Lachlan Nielson Partners Pty Limited
Level 18, 201 Kent Street
Sydney NSW 2000

None of the entities listed in the Directory above guarantee the repayment of capital or the
performance of the eToro Service offered by this PDS.

All entities mentioned in this PDS other than Responsible Entity have given their consent (and not
withdrawn it) to being mentioned in PDSs for the Scheme in relation to the context of their role.

*** END OF DOCUMENT ***

eToro Service PDS 10 May 2023 66

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